Cascade Hotel Co. v. Orleans Real Estate Co.

The action is for conversion. This case appeared upon the Trial Term calendar for trial for Monday, June seventeenth. The calendar was published in the Lato Journal on Saturday, June fifteenth, on which day counsel for the defendant called up the plaintiff’s counsel by telephone and said: “ I suppose you will be ready for trial on Monday,” to which plaintiff’s counsel replied: “Yes, I will be ready.” Upon Monday, upon the call, counsel for both sides appearing, the case was marked ready. At the opening of court, after recess, the calendar was again called and the case again marked ready. On…