Legal Opinion

Cheever v. Scottish Union & National Insurance

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903No. 2PublishedCited by 3 opinions

Appeal by the defendant, the Scottish Union and National Insurance Company of Edinburgh, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Nassau on the 26th day of November, 1902, denying the defendant’s motion for a new trial upon the ground of newly-discovered evidence.

1Opinion of the Court

Woodward, J. :

A sufficient reason for affirming the order denying defendant’s motion for a new trial upon the ground of newly-discovered evidence is found in'the fact that the moving papers do not contain the affidavits of the newly-discoveréd witnesses nor offer any excuse for their absence. The rule of practice is well established that motions-of this Character- must be founded on the affidavits of the newly-discovered witnesses; that they are ready to - swear to the facts-claimed to be newly discovered or showing that such affidavits cannot be obtained. (Matter of Cohen, 84 Hun, 586, 589,…

2Cases cited1 opinion

  1. In re Mayer's EstateNew York Supreme Court · 1895

3Cited by3 opinions

  1. James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907
  2. Tishman v. LebendigerAppellate Division of the Supreme Court of the State of New York · 1910
  3. Tishman v. LebendigerAppellate Division of the Supreme Court of the State of New York · 1910

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