Warner v. Western Transportation Co.
The Superior Court of New York City
Appeal by the defendants from a judgment rendered on the. verdict of a jury; also from an order denying a motion for a new trial, made on the judge’s minutes; and from an order refusing to grant a new trial, upon the ground of newly discovered evidence, also from an adjustment of costs.
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Appeal by the defendants from a judgment rendered on the. verdict of a jury; also from an order denying a motion for a new trial, made on the judge’s minutes; and from an order refusing to grant a new trial, upon the ground of newly discovered evidence, also from an adjustment of costs. The action was tried before Justice Garvin and a jury, in June, 1866, and the motion for a new trial for newly-discovered evidence was decided by Justice Jones, in February, 1867. The action was against the defendants, a corporation, as common carriérs of goods, &c. by canal, between Buffalo and New York, to…
1Opinion of the Court
Robertson, Ch. J.
Upon the trial in this case, the counsel for the defendants, at the close of the testimony on the-*493part of the plaintiff, moved to dismiss the complaint upon several grounds; one of them being that there was fraud on the plaintiff’s part in concealing from the defendants the value of the property in controversy, alleged to have been carried by them, which motion was refused. After the testimony upon both sides had been concluded, the counsel for the defendants requested the court, among other things, to charge, “ That the plaintiff" was guilty of a fraud in so packing the…
2Cases cited6 opinions
- Orange County Bank v. BrownNew York Supreme Court · 1832
- Relf v. RappSupreme Court of Pennsylvania · 1841
- Powell v. JonesNew York Supreme Court · 1863
- In re AnonNew York Supreme Court · 1831
- Sheldon v. StrykerNew York Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fritzsche v. The DenmarkDistrict Court, S.D. New York · 1886