another and a larger note and defendant judgment for all the rest, including that on which he failed at the trial. Both parties appealed.
The Supreme Court of Canada ordered a new trial Fs_ on the ground that the evidence rejected at the trial should have been admitted, as it related to a matter relevant to the issue, and that the trial judge was wrong in ruling that only the answer to another question was objected to, as there was a general objection to all the evidence at the time.
Borden Q.C. and Coster for the appellants.
Pugsley Q.C. for the respondent.
ST. STEPHEN'S BANK BONNESS. APPEAL from a decision of the Supreme Court 6. New Brunswick affirming, by an equally divided court, the verdict for defendant at the trial.
The action in this case was on a promissory note indorsed by defendant, who pleaded that it was indorsed on the express understanding that he was not to be called upon to pay it and that he was discharged by the bank subsequently taking security from the makers,
At the trial the defendant had a verdict, the jury finding that the bank, on taking security, had agreed that the note in suit should be paid out of the proceeds.
On motion, pursuant to leave reserved, for judgment for plaintiffs or a new trial, the court banc was equally divided and the verdict stood. :-Sir