Carpenter v. Coe
New York Supreme Court
MOTION by the defendant for a new trial, upon the grounds of newly discovered evidence and surprise. The case has been heard twice before a jury. On the first trial, the jury disagreed; the second trial resulted in a verdict for the plaintiff for the amount of the note sued on. The defence alleged that the note was a forgery.
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MOTION by the defendant for a new trial, upon the grounds of newly discovered evidence and surprise. The case has been heard twice before a jury. On the first trial, the jury disagreed; the second trial resulted in a verdict for the plaintiff for the amount of the note sued on. The defence alleged that the note was a forgery. There was evidence from four witnesses that it was in the defendant’s handwriting, and of four witnesses that it was not in his handwriting; of Stacy that he saw it signed by the defendant; and the defendant testified he' never gave it. The plaintiff called Taylor, who…
1Opinion of the CourtHardin, J.
When this cause was tried before the jury, there was a great conflict in the evidence, and *412sufficient evidence was produced by the plaintiff, if credited, independent of the witness Taylor, to support a verdict in favor of the plaintiff.
The evidence given by Taylor was very material and important. The defendant, upon his oath, disputed the evidence of Taylor. The principal parts of the affidavits produced upon the motion disclose certain admissions of Taylor inconsistent with the evidence given by him upon the stand as a witness.
It is too well settled to admit of doubt, that newly discovered…
2Cases cited9 opinions
- Guyot v. ButtsNew York Supreme Court · 1830
- Fleming v. HollenbackNew York Supreme Court · 1849
- Platt v. MunroeNew York Supreme Court · 1861
- Bunn v. HoytNew York Supreme Court · 1808
- Powell v. JonesNew York Supreme Court · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Collins v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Phelps v. DelmoreNew York Supreme Court · 1893
- Brady v. Industrial Benefit Ass'nNew York Supreme Court · 1894
- Perkins v. Brainard Quarry Co.New York Court of Common Pleas · 1895
- Aylmer v. AdamsNorth Dakota Supreme Court · 1915
6 more not listed; retrieve them via the Exa API.