Gawthrop v. Leary
New York Court of Common Pleas
Appeal from an order of this court denying a motion for a new trial. The facts are stated in the opinion. The jury having found a verdict for the plaintiffs, the defendant moved for a new trial, which was denied. From the order entered denying his motion the defendant appealed.
1Opinion of the CourtVan Hoesen, J.
The defendant’s case was on the day calendar on May 20, 21, 24 and 25. May 22 fell on Saturday, and on that day the defendant’s attorney wrote to a Mr. Dun-lop, who was in the employ of the defendant, at a coal yard in Twenty-third street, and who was a material and necessary witness for the defense, to keep himself in readiness to answer a telegram on Monday or Tuesday. Dunlop was never subpoenaed, and was virtually told by the defendant’s attorney that he need not come to court as a witness until notified by telegram to do so. On May 25, the case was duly reached in its order on the…
2Cited by4 opinions
- Smith v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Leonard v. Germania Fire InsuranceNew York Court of Common Pleas · 1893
- Smith v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Tigue v. AnnowskiSuperior Court of Buffalo · 1889