Levy v. Hatch

Appellate Terms of the Supreme Court of New York

Levy v. Hatch

92 N.Y.S. 287

Appellate Terms of the Supreme Court of New York·Decided February 23, 1905·Published

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.

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

Pincite

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