First National Bank of Nutley, N. J. v. Commercial Casualty Insurance

Majority

p. 794

First National Bank of Nutley, N. J., Campbell-Schultz Company and Others, Respondents, v. Commercial Casualty Insurance Company, Appellant, The Central Foundry Company, Edward C. Oertzen, Respondents, Michael C. McElligott and Morris S. Tremaine, as Comptroller of the State of New York, Defendants.

The trial of this cause and" the determination as to the ownership of a fund of about $20,000 in the hands of the State Comptroller have been delayed for years. A mistrial was granted because the attorney for appellant failed to keep his agreement following a request by the court to present some eighty-four exhibits to the attorneys for other parties for examination. It was the desire of the court that the exhibits should be offered en masse and objections taken in a like manner in order to expedite the trial. No adequate explanation for the failure is given. Costs were properly assessed against his client. Order unanimously affirmed, with costs. Present — Hill, P. J., Bliss, Heffeman, Schenck and Foster, JJ.