Tyler v. Hoornbeck
New York Supreme Court
PPEÁL from an order made at a special term granting to the defendant, Benjamin 0. Hoornbeck, a new trial, upon the ground of surprise.
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PPEÁL from an order made at a special term granting to the defendant, Benjamin 0. Hoornbeck, a new trial, upon the ground of surprise. The alleged surprise consisted in calling Stephen Stickles, one of the defendants, as a witness for the plaintiff in violation of a promise claimed to have been made by the plaintiff’s attorney to the defendant’s attorney, by reason of which the defendant’s attorney was unprepared to impeach Stickles, as he would have been if such promise had not been made. . The judge who held the special term granted the motion on payment of the costs of trial (except the…
1Opinion of the Court
By the Court, Miller, J.
Motions for a new trial, of the character of the one now presented for our consideration, are addressed very much to the sound discretion of the court, and if it satisfactorily appears that to promote the ends of justice an opportunity should be presented for the introduction of new testimony, the court will furnish it by setting aside the verdict, and granting a- new trial. (1 Gra. & Wat. on New Trials, 462. Platt v. Munroe, 34 Barb. 291.)
Although the affidavits upon which the motion in this case was originally heard, are somewhat conflicting, yet I cannot resist the…
2Cases cited1 opinion
- Platt v. MunroeNew York Supreme Court · 1861
3Cited by9 opinions
- Glassford v. LewisNew York Supreme Court · 1894
- Carpenter v. CoeNew York Supreme Court · 1873
- Campanello v. New York Central & Hudson River RailroadThe Superior Court of the City of New York and Buffalo · 1891
- Dixson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Leonard v. Germania Fire InsuranceNew York Court of Common Pleas · 1893
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