Coan v. Plaza Equity Elevator Co.

On Petition for Rehearing.

Burke, J.

The motion for a new trial on the grounds of newly discovered evidence was based upon evidence and the files in the case of Baird v. Coan, et al., and the petition for rehearing states that Coan does not plead payment in said case.

Since writing the opinion in the instant case, the pleadings in said case have been transmitted to this court, and it appears Coan answered, denying that be ever gave the notes and mortgages involved in said case and that if be did give them they were without consideration.

The State Bank of Ashby, one of the defendants in said…