Barnes v. Roberts
The Superior Court of New York City
This is an appeal by the plaintiff from a judgment of nonsuit ordered at a trial had before Mr. Justice Woodruff and a jury, in November, 1858, and also from an order denying a motion made for a new trial on the ground of surprise.
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This is an appeal by the plaintiff from a judgment of nonsuit ordered at a trial had before Mr. Justice Woodruff and a jury, in November, 1858, and also from an order denying a motion made for a new trial on the ground of surprise. The substance of the complaint is, that in May, 1854, the defendant “ employed one Joshua Barnes as a broker to negotiate a purchase for, and a sale to the said defendant of certain lots of land situate on Forty-fourth and Forty-fifth streets, in the city of New York, of great value, to wit, of the value of $22,100,” and. agreed to pay therefor the usual brokerage…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
It is important to determine preliminarily whether the order appealed from was properly denied, for the reason that a motion for a new trial, on the ground of surprise or of newly discovered evidence, cannot be made after judgment perfected.
The trial of the action was concluded on the 17th of November, 1858, and judgment was entered on the 9th of December, 1858, its entry until that time having been delayed at the request of the plaintiff’s attorneys. A notice that the plaintiff appealed from that judgment, was served on the 23d of December. On the 11th of…
2Cases cited2 opinions
- Benedict v. CaffeThe Superior Court of New York City · 1854
- Roosevelt v. Heirs of FultonNew York Supreme Court · 1827
3Cited by11 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Moses v. . BierlingNew York Court of Appeals · 1865
- Kalley v. . BakerNew York Court of Appeals · 1892
- Davison v. BrownWisconsin Supreme Court · 1896
- Harper v. ShmulevitzCity of New York Municipal Court · 1958
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