People ex rel. Oebricks v. Superior Court
New York Supreme Court
Motion for a mandamus to vacate a rule granting a new trial. An action of assumpsit was brought in the superior court of the city of Nexv-York, in favor of E. G. Oehricks against The President and Directors of the Phoenix Hank, to recover tlie amount of a Ifill of exchange for $2,500, drawn hy one Heckscher, in favor of himself, on N. Pearce of Baltimore, payable at sight and endorsed by Heckscher to the plaintiff; which bill of exchange was deposited with the defendant for…
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Motion for a mandamus to vacate a rule granting a new trial. An action of assumpsit was brought in the superior court of the city of Nexv-York, in favor of E. G. Oehricks against The President and Directors of the Phoenix Hank, to recover tlie amount of a Ifill of exchange for $2,500, drawn hy one Heckscher, in favor of himself, on N. Pearce of Baltimore, payable at sight and endorsed by Heckscher to the plaintiff; which bill of exchange was deposited with the defendant for collection, and the amount thereof was claimed from them on the ground of neglect in transmitting the bill to Baltimore,…
1Opinion of the Court
By the Court,
Sutherland, J.
This is an application for a mandamus to the superior court of the city of New-York, commanding them to vacate a rule granting a new trial in this case on the ground of newly discovered evidence. In support of the application it is alleged, 1. That the. affidavits shew that the defendants were guilty of gross negligence in not ascertaining, previous to the former trial, that Russell, the witness whom they now wish to use, was a material witness for them; and 2. That the newly discovered evidence of Russell consist merely of cumulative facts and circumstances…
2Cases cited3 opinions
- People v. Columbia Common PleasNew York Supreme Court · 1828
- Steinbach v. Columbian InsuranceNew York Supreme Court · 1804
- Hollingsworth v. NapierNew York Supreme Court · 1805
3Cited by56 opinions
- Supervisors v. United StatesSupreme Court of the United States · 1867
- Wood v. StrotherCalifornia Supreme Court · 1888
- People v. Superior CourtNew York Supreme Court · 1833
- State ex. rel. Wolfe v. KirkeSupreme Court of Florida · 1868
- Waller v. GravesSupreme Court of Connecticut · 1850
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