Stout v. Henderson

Plaintiff obtained judgment, by confirmation on default, against the defendant in the sum of 31,500, for rental of a drilling rig for three months, at the rate of 3500 per month, and for annulment of the contract of lease.

A motion for a new trial was filed by defendant and overruled. A suspensive appeal was taken to the Court of Appeal of the Second Circuit, and the judgment of the lower court was reversed. The case is before us under a writ of review.

1. The grounds of the motion for a new trial are substantially that said judgment was proven upon default, when plaintiff’s counsel knew and…