Eastmond v. McNaught

Appellate Division of the Supreme Court of New York

Eastmond v. McNaught

158 A.D. 903, 142 N.Y.S. 1116

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 15, 1913

StatusPublished

This text of 158 A.D. 903 (Eastmond v. McNaught) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eastmond v. McNaught, 158 A.D. 903, 142 N.Y.S. 1116 (N.Y. Ct. App. 1913).

Pincite

Opinion

Defendants’ motion for a new trial, disclosing the methods by which Clarke’s deposition before trial was obtained, established that its admission had been clearly error, since he was in no sense an adverse party. Therefore, a new trial was a matter of right, the granting of which should be without conditions. Order of August 7, 1913, modified accordingly, so as to grant defendants’ motion, without terms, with costs of this appeal. Jenks, P. J., Carr, Rich, Stapleton and Putnam, JJ., concurred.

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Defendants’ motion for a new trial, disclosing the methods by which Clarke’s deposition before trial was obtained, established that its admission had been clearly error, since he was in no sense an adverse party. Therefore, a new trial was a matter of right, the granting of which should be without conditions. Order of August 7, 1913, modified accordingly, so as to grant defendants’ motion, without terms, with costs of this appeal. Jenks, P. J., Carr, Rich, Stapleton and Putnam, JJ., concurred.

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Bluebook (online)

158 A.D. 903, 142 N.Y.S. 1116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastmond-v-mcnaught-nyappdiv-1913.