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Continental National Bank v. Adams

11 N.Y. Sup. Ct. 666 Court N.Y. Sup. Ct. English

Delivered by Brady, J.

Contents

Majority

p. 666
THE CONTINENTAL NATIONAL BANK, Respondent, v. RUSSELL W. ADAMS and another, Appellants.

Headnote

Appeal from an order made at Special Term, setting aside a verdict in favor of the defendant, and granting a new trial, on the ground of surprise.
The General Term held, that the plaintiff was led, by statements of the defendant, to believe that no serious defense would be interposed at the trial, and that relying thereon he failed to ¡summon a material witness, and therefore affirmed the order- (Jackson v. Warford, 7 Wend., 62 ; Chamberlain v. Lindsay, 8 S. C. [1 Hun], 231: Tyler v. Hoornbeck, 48 Barb., 198 .)
p. 667
Wm. A. Jenner, for the appellants.
J. S. Bosworth and Edward F. Brown, for the respondent.

Opinion by

Davis, P. J., and Daniels, J., concurred."

Order affirmed, with ten dollars costs and disbursements.