J. W. Cushman & Co. v. Wittenauer

Appellate Division of the Supreme Court of New York

J. W. Cushman & Co. v. Wittenauer

147 N.Y.S. 1119

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

DecidedJune 3, 1914

StatusPublished

This text of 147 N.Y.S. 1119 (J. W. Cushman & Co. v. Wittenauer) 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

J. W. Cushman & Co. v. Wittenauer, 147 N.Y.S. 1119 (N.Y. Ct. App. 1914).

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Opinion

PER CURIAM.

The two letters dated, respectively, February 1 and 10, 1913, were, in view of the evidence as to acts by plaintiff subsequent to the alleged surrender, competent evidence, and the interests of justice would seem to require that the motion to open the case before decision should have been granted in the exercise of a sound discretion, in order to enable plaintiff to introduce them in evidence on the trial, and that they, in case of appeal, might be properly before the appellate court. Order denying motion for new trial on ground of newly discovered evidence affirmed. Judgment for defendants reversed, and new trial granted, with costs to appellant to abide the event.

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PER CURIAM.

The two letters dated, respectively, February 1 and 10, 1913, were, in view of the evidence as to acts by plaintiff subsequent to the alleged surrender, competent evidence, and the interests of justice would seem to require that the motion to open the case before decision should have been granted in the exercise of a sound discretion, in order to enable plaintiff to introduce them in evidence on the trial, and that they, in case of appeal, might be properly before the appellate court. Order denying motion for new trial on ground of newly discovered evidence affirmed. Judgment for defendants reversed, and new trial granted, with costs to appellant to abide the event.

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Bluebook (online)

147 N.Y.S. 1119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-w-cushman-co-v-wittenauer-nyappdiv-1914.