Legal Opinion

Lacs v. James Everard's Breweries

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1905PublishedCited by 2 opinions

Appeal by the plaintiff, Jacob M. Lacs, an infant, by Samuel Lacs, bis guardian ad litem, from an order -of - the Supreme Court, made at the Madison SpeeiaLTerm and entered’ in the office of the clerk of the county of Kings on the 28th day of September, 1903, granting the defendant’s motion for a new trial and setting aside the verdict of a jury in favor of the plaintiff.

1Opinion of the Court

Rich, J.:

This case has'been tried three times and has been here twice before. Upon each trial the plaintiff has recovered a verdict. The judgment entered on the first trial upon a verdict for $10,000 in favor of the ' plaintiff, after unanimous affirmance by this court (34 App. Div. 626) was set aside at Special Term and a new trial ordered on the ground that two witnesses (Rink and Collins), who gave evidence for the plaintiff, had been bribed by the plaintiff’s then attorney, with the knowledge of his guardian ad litem, to testify falsely upon the trial, and that the verdict had been…

2Cases cited8 opinions

  1. Cole v. . Fall Brook Coal Co.New York Court of Appeals · 1899
  2. McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  3. Nutting v. Kings County Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
  4. Nelson v. Easton & Amboy RailroadNew York Court of Common Pleas · 1894
  5. Dorwin v. WestbrookAppellate Division of the Supreme Court of the State of New York · 1896

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3Cited by2 opinions

  1. Ridgely v. Talbot J. Taylor & Co.Appellate Division of the Supreme Court of the State of New York · 1908
  2. McCabe v. LindbergWashington Supreme Court · 1918

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