Armstrong Manufacturing Co. v. Thompson
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by the Armstrong Manufacturing Company against Joseph Thompson and James Moran. From an order denying a new trial on the ground of newly discovered evidence, defendants appeal. Affirmed.
1Per curiam
It is extremely doubtful if the proposed newly discovered evidence is of that decisive character that, if introduced at the *152trial, a different result would have ensued. But even if it be conceded that such would have been the effect, the motion was properly denied for the reason that the papers are defective, in that they do not contain an affidavit by the newly discovered witness setting forth his readiness to swear to the facts claimed to be newly discovered. Adams v. Bush, 1 Abb. Dec. 7; Seaman v. Clarke, 75 App. Div. 345, 350, 78 N. Y. Supp. 171. And no reason is assigned for the…
2Cases cited2 opinions
- In re Mayer's EstateNew York Supreme Court · 1895
- Seaman v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- State v. CliffordWest Virginia Supreme Court · 1906
- Collins v. Central Trust Co.New York Supreme Court · 1929