Leonard v. Germania Fire Insurance
New York Court of Common Pleas
Action by Anna Leonard against the Germania Fire Insurance Company of Few York on a fire insurance policy. Complaint dismissed, and plaintiff moves for a new trial.
1Opinion of the CourtPryor, J.
The method of this application is anomalous. Instead of moving on a case, the plaintiff presents an affidavit only, and that fails to communicate any information respecting the merits of the action as disclosed on the trial. No matter how absolute the surprise of a party, nor how exempt he may be from fault, still the granting a new trial depends upon the circumstances of the case and the interests of substantial justice. Tyler v. Hoornbeck, 48 Barb. 197, 199; Williams v. Montgomery, 60 N. Y. 648. How, upon the meager matter before me, can I say that justice will be promoted by according the…
2Cases cited3 opinions
- Messenger v. Fourth National BankNew York Court of Common Pleas · 1875
- Tyler v. HoornbeckNew York Supreme Court · 1866
- Gawthrop v. LearyNew York Court of Common Pleas · 1880
3Cited by1 opinion
- Weaver v. ScriptureNew York Supreme Court · 1925