Continental National Bank v. Adams 11 N.Y. Sup. Ct. 666

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

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.)

*667 Wm. A. Jenner, for the appellants.

J. S. Bosworth and Edward F. Brown, for the respondent.