Bunn v. Hoyt

Decided May 15, 1808

New York Supreme Court · decided 1808-05-15

RIICER moved to set aside the verdict in this cause for irregularity, and for a new trial, on the ground of material evidence discovered since the trial. From the affida- • . vits which were read, the following facts appeared : This was an action of assumpsit against the defendant, as the agent of Graham in the sale of a ship.

Good law ✅— No negative treatment on recordhow we know

Decided 1808-05-15

How this case has been cited

Cited by 16 later decisions — most recently November 1937

14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1There has been no irregularity shown to render it proper to set aside the verdict; nor does the affidavit of newly discovered evidence disclose sufficient to support the application for a new trial. A verdict is never set aside to give the party an opportunity of impeaching the credit of witnesses sworn at a former trial. The evidence should be of some material fact, which would induce the belief, that if proved to the jury, it would so far influence their minds, as to produce a different verdict.

¶2Rule refused.