Majority
Headnote
Appeal by the defendant, Matison Keeney, from an order made at the Wyoming special term, on the 27th day of April, 1891, and entered on the 15th day of September, 1891, denying his motion for a new trial made upon a case and exceptions and upon affidavits.This appeal is, in all material respects, the same as that of Benjamin B. Conable, respondent, v. Edgar K. Smith, appellant, the decision in which is handed down herewith.
The note in this case bears date January 1,1871, and -was made by the same Henry Oarretsee as maker and endorsed by the defendant, Matison Keeney, and one Norris Gray, and was in the sum of $2,000, payable thirteen months thereafter, at the Wyoming County National Bank, Warsaw, N. Y., “with interest after the first day of March next”
The proceedings in this case have been the same as in that of Conable v. Smith. The decision of the general term upon the appeal from the judgment is reported in 40 St. Rep., 939 . The affidavit of Grarretsee in this instance is the same as that used in the other case, save only in the names of the parties and in other slight immaterial matters. Our views as expressed in the other case apply equally to this appeal, and lead to an affirmance of the order.
Order appealed from affirmed, with costs.
Dwight, P. J., and Lewis, J., concur.