Sproul v. Resolute Fire Insurance
New York Supreme Court
Appeal from an order granting a new trial on the grounds of surprise and newly discovered evidence. The motion was made on affidavits, and a case which was defective in several particulars.
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Appeal from an order granting a new trial on the grounds of surprise and newly discovered evidence. The motion was made on affidavits, and a case which was defective in several particulars. (See opinion.) The complaint stated a cause of action on a fire insurance policy for $1,200, issued hy defendant upon goods and furniture in a grocery store, in the village of Watkins, Schuyler county, and alleged that all the insured property, excepting about thirty dollars worth, was destroyed by fire ; and that such property was worth more than $1,200, for which sum, with interest, judgment was…
1Opinion of the Court
Present — Balcom, Boardman and Parker, JJ.
By the Court
Balcom, P. J.
Whenever a party moves for a new trial, on the ground of newly discovered evidence, he must present a case containing the evidence given on the trial, or the' substance of such evidence, with the. affidavits on which he relies. (See- rule 34.) The evidence, or the substance of it, given on the trial, should be presented, to enable the court to determine whether the newly discovered evidence is cumulative, or material, &c. (See People ex rel. Oelricks v. Superior Court of New York City, 10 Wend., 286.) No such case has been…
2Cases cited1 opinion
- People v. Superior CourtNew York Supreme Court · 1833
3Cited by5 opinions
- Holmes v. RoperNew York Supreme Court · 1890
- Boyd v. BoydNew York Court of Common Pleas · 1895
- Katz v. AtfieldCity of New York Municipal Court · 1891
- Francis v. BakerSupreme Court of Rhode Island · 1877
- Newhall v. AppletonThe Superior Court of New York City · 1880