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Appellate Advocacy Keyed to Meador, 2nd Ed.
Hoberman v. Lake of Isles
Citation:
87 A.2d 137 (1952)Facts
The plaintiff, Max Hoberman, brought an action to foreclose a mortgage against Lake of Isles, Inc. and other defendants. The defendants denied executing the mortgage and alleged that the loan purporting to be secured had not been made. The trial court initially entered judgment for the defendants. Thereafter, the plaintiff filed a motion for a new trial pursuant to Practice Book § 229. The court found that material testimony relating to the execution of the mortgage given by the defendant Girden during the trial was false. Based on this finding, the court concluded that the judgment must be opened and a new trial ordered to avoid injustice or judicial error. The defendants appealed from the order granting the motion for a new trial.
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