Elliott v. Luengene
City of New York Municipal Court
Appeal from judgment in favor of the plaintiffs, entered upon a verdict, and from order denying motion for a new trial on the ground of improper communication with the jury.
1Opinion of the CourtMcCarthy, J.
We shall first consider the point raised by the appellant, both at the time of the trial and on the motion made thereafter at Special Term .for a new trial on the ground of irregularity, in that improper communication was had with the jury during their deliberation, that without the knowledge or consent of the appellant the plaintiff of- his attorney caused to be handed to the jury a paper not in evidence on the trial, which paper was taken by the jury into the jury-room and brought back by them on the rendition of their verdict.
The procedure here was a proper one. Valiente v. Bryan, 66 How.…
2Cases cited5 opinions
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Coe v. . ToughNew York Court of Appeals · 1889
- Bonesteel v. FlackNew York Supreme Court · 1864
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1890
- Valiente v. BryanCity of New York Municipal Court · 1883
3Cited by3 opinions
- In re VanderbiltAppellate Division of the Supreme Court of the State of New York · 1908
- Elliot v. LuengeneCity of New York Municipal Court · 1897
- Litzenberger v. LitzenbergerNew York Supreme Court · 1917