American Surety Co. v. Crow
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by the American Surety Company of New York against Moses B. 'Crow and others on a contract of indemnity. From an order granting the motion of defendant Moses B. Crow for a new trial on the ground of newly-discovered evidence, plaintiff appeals.
1Opinion of the CourtIngraham, J.
The court below has granted a new trial on the ground of newly-discovered evidence, and by this appeal the plaintiff asks us to'reverse that order, mainly upon the ground that the newly-discovered evidence, being the testimony of one Hazard, so far as it would be admissible upon the trial, could not possibly change the result. The facts in this case are somewhat peculiar, and it is quite evident that there was not, upon the trial, that full or frank disclosure by the officers of the plaintiff, when examined as to the transaction between Hazard, Thurber, and the plaintiff, of such facts as are…
2Cited by1 opinion
- American Surety Co. v. CrowAppellate Division of the Supreme Court of the State of New York · 1898