Romertze v. . East River National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Rew York, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. The action was brought to recover the value of twelve United States bonds of $1,000 each, deposited by plaintiff with defendant about May 12, 1865. The answer admitted the deposit, but alleged a return thereof to plaintiff.
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Appeal from judgment of the General Term of the Superior Court of the city of Rew York, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. The action was brought to recover the value of twelve United States bonds of $1,000 each, deposited by plaintiff with defendant about May 12, 1865. The answer admitted the deposit, but alleged a return thereof to plaintiff. The facts pertinent to the questions decided sufficiently appear in the opinion. The deposition of the witness, Rewell, was improperly excluded. (2 Phillips’ Ev.,…
1Opinion of the Court
Chuboh, Ch. J.
There is no legal ground of complaint as to the disposition which the jury made of the case upon the evidence submitted. The evidence was conflicting as to the main fact in controversy, and the decision of the jury, if no legal error has been committed, is final between the parties. The result was largely dependent upon the credibility of the witnesses for the respective parties, some of whom were attempted to be impeached and others contradicted. The only question of law which seems to deserve attention relates to the attempt to prove that the witness Newell, called by the…
2Cases cited3 opinions
- Stephens v. . the PeopleNew York Court of Appeals · 1859
- Hubbard v. . BriggsNew York Court of Appeals · 1865
- Clapp v. WilsonNew York Supreme Court · 1848
3Cited by30 opinions
- People v. DellabondaMichigan Supreme Court · 1933
- Larkin v. . Nassau Electric R.R. Co.New York Court of Appeals · 1912
- State v. FairlambSupreme Court of Missouri · 1894
- Illinois Central Railroad v. WadeIllinois Supreme Court · 1903
- Jensen v. Heritage Mutual InsuranceWisconsin Supreme Court · 1964
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