Oakley v. Sears
The Superior Court of New York City
This action was commenced May 10, 1862, on a check for $12,000, drawn by the defendant to the order of the plaintiff. The defense was, substantially, that it was understood that the check was not to be paid until certain funds were deposited in the defendant's hands by one Plin White to meet it, the check having been drawn'for his accommodation.
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This action was commenced May 10, 1862, on a check for $12,000, drawn by the defendant to the order of the plaintiff. The defense was, substantially, that it was understood that the check was not to be paid until certain funds were deposited in the defendant's hands by one Plin White to meet it, the check having been drawn'for his accommodation. The action was tried before a jury, and a verdict rendered for the plaintiff; but afterwards a new trial was granted on the ground of newly discovered evidence. The second trial took place April 22, 1864, and a verdict was again rendered for the…
1Opinion of the CourtMonell, J.
On the trial of this action, the plaintiff’s' counsel offered to read the testimony of the plaintiff, as purported to be given on the former trial, from a printed case settled for the purpose of arguing an appeal from the special to the general term of this court, after judgment. An order of this court made at' special term was read, which contains the following clause : “ And it is further ordered that the testimony of the plaintiff, taken on the former trial, be read on the.next trial thereof, as then taken, provided the plaintiff shall eléct so to read the same.”
The defendant objected to…
2Cases cited1 opinion
- Tooker v. GormerNew York Court of Common Pleas · 1858
3Cited by3 opinions
- EXECUTORS OF McDONOGH v. MURDOCHSupreme Court of the United States · 1854
- Female Orphan Society v. Young Men's Christian Ass'nSupreme Court of Louisiana · 1907
- Executors of McDonogh v. MurdochSupreme Court of the United States · 1853