Smith v. Clews
New York Supreme Court
Appeal from an order denying a motion for a new-trial on the ground of newly discovered evidence.
1Opinion of the CourtDaniels, J.
The action was for the recovery of a pair of single-stone diamond ear-rings valued at the sum of $1,400. They were purchased by the defendant of Elijah Miers, and the recovery in the action was had for the reason that Miers was not authorized to sell them. They were the property of the plaintiffs at *466the time when they were placed in his possession, and a receipt for them was signed by him, stating that he had them on approval to show to his customers, and that they -were to be returned to the plaintiffs on demand. Miers was sworn as a witness on behalf of the defendant upon the trial of the…
2Cases cited33 opinions
- Bullard v. . PearsallNew York Court of Appeals · 1873
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Alger v. MerrittSupreme Court of Iowa · 1864
- Schellhous v. BallCalifornia Supreme Court · 1866
- State v. BennerSupreme Judicial Court of Maine · 1874
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3Cited by1 opinion
- Hossley v. ColerickNew York Supreme Court · 1886