Legal Opinion

Rich v. Mayer

City of New York Municipal Court

Decided October 3, 1889Published

Appeal from order denying motion for new trial on the ground ■of newly discovered evidence.

1Per curiam

The affidavits of Weismantel and Kennell, upon which the new trial is sought, state admissions alleged to have been made to them by the plaintiff, to the effect that the defendant had never promised to marry her, but that she was going to make the defendant pay anyhow. The plaintiff denies making any such admission, and it is so repugnant to her interest, and so unnecessary to make such admission, that it is not at all likely that their evidence would be credited, and a different result induced.

• Judge Marcy, in Guyot v. Butts, 4 Wend, 579, said: “I feel the force of the objection to letting…

2Cases cited2 opinions

  1. Powell v. JonesNew York Supreme Court · 1863
  2. Anderson v. Market National BankNew York Supreme Court · 1883

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