Smith v. Pryor
New York Court of Common Pleas
Appeal from city court, general term. Action by Charles G. Smith against S. Morris Pryor and Charles W. Drake to recover the value of stock sold by defendants on account of plaintiff’s assignor. There was a verdict for defendants.
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Appeal from city court, general term. Action by Charles G. Smith against S. Morris Pryor and Charles W. Drake to recover the value of stock sold by defendants on account of plaintiff’s assignor. There was a verdict for defendants. A motion made by plaintiff at special term for a new trial on the ground of newly-discovered evidence, and upon the ground of error in the charge of the justice to the jury, was denied, and the order of denial affirmed at general term of the city court. Plaintiff again appeals.
1Opinion of the CourtDaly, J.
No appeal lies to this court from an order of the city court either granting or denying a new trial upon the ground of newly-discovered evidence. Lesser v. Wunder, 9 Daly, 70. The court of common pleas holds the same position with respect to the city court of New York city which the court of appeals holds with respect to the supreme court and the superior city courts, ( Walsh v. Schulz, 6 Civ. Proc. R. 126; Rowe v. Comley, 11 Daly, 318;) and the court of appeals will not entertain an appeal from an order of the last-named courts granting or refusing a new trial, (Donley v. Graham, 48 N. Y.…
2Cases cited3 opinions
- Lesser v. WunderNew York Court of Common Pleas · 1880
- Smith v. PlattNew York Court of Appeals · 1884
- Brown v. SimmonsNew York Court of Common Pleas · 1888
3Cited by11 opinions
- Myers v. CohnNew York Court of Common Pleas · 1893
- Eckensberger v. AmendNew York Court of Common Pleas · 1894
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Meyer v. CampbellNew York Court of Common Pleas · 1892
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
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