Anderson v. Market National Bank
New York Supreme Court
1Opinion of the CourtPotter, J.
— This is a motion for a new trial upon the grounds, as stated in the notice of motion : “ First. Of newly discovered facts and evidence.” “ Second. Upon the grounds of surprise as to the rulings of the court.” I have read the papers furnished upon the motion with some degree of attention and care on account of the nature of the controversy and the position of the parties and their counsel; and I am brought to the conclusion that, tested by the well settled rules governing applications for new trials upon the ground *9of surprise and newly discovered evidence, this application must he denied.
The…
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