Bunn v. Hoyt
New York Supreme Court
RIICER moved to set aside the verdict in this cause for irregularity, and for a new trial, on the ground of material evidence discovered since the trial. From the affida- • . vits which were read, the following facts appeared : This was an action of assumpsit against the defendant, as the agent of Graham in the sale of a ship.
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RIICER moved to set aside the verdict in this cause for irregularity, and for a new trial, on the ground of material evidence discovered since the trial. From the affida- • . vits which were read, the following facts appeared : This was an action of assumpsit against the defendant, as the agent of Graham in the sale of a ship. The cause was tried at the last sittings in New-Tork, before Mr. Chief justice Kent. - After the charge of the judge, the jury retired from the bar to consider of their verdict, and after being together several hours, they separated, and the next morning delivered to…
1Per curiam
There has been no irregularity shown to render it proper to set aside the verdict; nor does the affidavit of newly discovered evidence disclose sufficient to support the application for a new trial. A verdict is never set aside to give the party an opportunity of impeaching the credit of witnesses sworn at a former trial. The evidence should be of some material fact, which would induce the belief, that if proved to the jury, it would so far influence their minds, as to produce a different verdict.
Rule refused.
2Cited by19 opinions
- Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Porret v. City of New YorkNew York Court of Appeals · 1929
- McIntire v. YoungIndiana Supreme Court · 1843
- Charles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Arwood v. StateSupreme Court of Georgia · 1877
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