Folger v. . Fitzhugh
New York Court of Appeals
This is an appeal from an order of the General Term of the Supreme Court in the fifth judicial district, affirming an order of the Special Term, granting the defendants a new trial, on the ground the verdict was against evidence. The action was against the defendants, to recover the value of a quantity of wool, stored away, which was destroyed by accidental fire.
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This is an appeal from an order of the General Term of the Supreme Court in the fifth judicial district, affirming an order of the Special Term, granting the defendants a new trial, on the ground the verdict was against evidence. The action was against the defendants, to recover the value of a quantity of wool, stored away, which was destroyed by accidental fire. The cause was tried at a circuit, in June, 1855, before the court and jury, and a verdict rendered for the plaintiffs. Nine exceptions were taken by the defendants, either to the admission or rejection of evidence, or instructions to…
1Opinion of the Court
James, J.,
read an opinion for reversal of the order on the ground: 1st. That the General Term had no power to make the original order giving leave to the defendant to move at the Special Term for a new trial. 2d. That such motion could not be made at the Special Term, after judgment final on the verdict; and 3d. That the order was wrong on the merits.
Grover, J.,
read an opinion for affirmance on the ground that the order was right on the merits, and that a case having been properly and regularly made before judgment, the motion could be properly entertained at Special Term, if that court saw…
2Cited by10 opinions
- Voisin v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
- Syracuse Sav. Bk. v. . S., C. N.Y.R.R. Co.New York Court of Appeals · 1882
- Syracuse Savings Bank v. Syracuse, Chenango & New York RailroadNew York Court of Appeals · 1882
- Raphaelsky v. LynchThe Superior Court of New York City · 1871
- Baldwin's Bank v. ButlerNew York Court of Appeals · 1892
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