Bresslin v. Star Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Star Company, from part of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 21st day of June, 1916, as resettled by an order entered in said clerk’s office on the 12th day of August, 1916. Defendant appeals from so much of said order as imposes the terms and conditions upon which it is permitted to serve a second amended answer.
1Opinion of the Court
Thomas, J.:
In this libel action, the defendant, in joining issue, among other things, pleaded in an amended answer that the plaintiff at the time of stealing the ring, which is the subject of the libel, was “carrying upon his person a concealed weapon in violation of law.” The action was tried, and it appeared that the weapon was a toy pistol. The plaintiff had a verdict for $6,000, and the judgment affirmed in this court* was pending in the Court of Appeals, when Hr. Justice Crane *176granted a new trial on the ground of newly-discovered evidence. Mr. Justice Crane constrained defendant, as a…
2Cases cited1 opinion
- Bresslin v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1915