Levy v. Hatch

Appellate Terms of the Supreme Court of New York

Levy v. Hatch

92 N.Y.S. 287

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 23, 1905

StatusPublished

This text of 92 N.Y.S. 287 (Levy v. Hatch) 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.

Bluebook

Levy v. Hatch, 92 N.Y.S. 287 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

The order granting a new trial on the ground of newly discovered evidence must be reversed. The affidavit of defendant is clearly insufficient. All he says is that after the trial he found a check which he had paid to plaintiff and had not produced or proved on the trial. He does not show that he made any search before the trial, or give any reason why he did not find it. He does not even say that it was paid on account of the debt for which he was sued.

Order reversed, with costs.

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PER CURIAM.

The order granting a new trial on the ground of newly discovered evidence must be reversed. The affidavit of defendant is clearly insufficient. All he says is that after the trial he found a check which he had paid to plaintiff and had not produced or proved on the trial. He does not show that he made any search before the trial, or give any reason why he did not find it. He does not even say that it was paid on account of the debt for which he was sued.

Order reversed, with costs.

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Bluebook (online)

92 N.Y.S. 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-hatch-nyappterm-1905.