Armstrong Manufacturing Co. v. Thompson

Appellate Terms of the Supreme Court of New York

Armstrong Manufacturing Co. v. Thompson

88 N.Y.S. 151, 55 Hun 198

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 5, 1904

StatusPublished

Cited by2 cases

This text of 88 N.Y.S. 151 (Armstrong Manufacturing Co. v. Thompson) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Armstrong Manufacturing Co. v. Thompson, 88 N.Y.S. 151, 55 Hun 198 (N.Y. Ct. App. 1904).

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Opinion

PER CURIAM.

It is extremely doubtful if the proposed newly discovered evidence is of that decisive character that, if introduced at the [152]*152trial, a different result would have ensued. But even if it be conceded that such would have been the effect, the motion was properly denied for the reason that the papers are defective, in that they do not contain an affidavit by the newly discovered witness setting forth his readiness to swear to the facts claimed to be newly discovered. Adams v. Bush, 1 Abb. Dec. 7; Seaman v. Clarke, 75 App. Div. 345, 350, 78 N. Y. Supp. 171. And no reason is assigned for the nonproduction of such an affidavit. Matter of Cohen, 84 Hun, 586, 32 N. Y. Supp. 851. Order affirmed, with costs to the respondent.

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PER CURIAM.

It is extremely doubtful if the proposed newly discovered evidence is of that decisive character that, if introduced at the [152]*152trial, a different result would have ensued. But even if it be conceded that such would have been the effect, the motion was properly denied for the reason that the papers are defective, in that they do not contain an affidavit by the newly discovered witness setting forth his readiness to swear to the facts claimed to be newly discovered. Adams v. Bush, 1 Abb. Dec. 7; Seaman v. Clarke, 75 App. Div. 345, 350, 78 N. Y. Supp. 171. And no reason is assigned for the nonproduction of such an affidavit. Matter of Cohen, 84 Hun, 586, 32 N. Y. Supp. 851. Order affirmed, with costs to the respondent.

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88 N.Y.S. 151, 55 Hun 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstrong-manufacturing-co-v-thompson-nyappterm-1904.

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