Cisco v. Gross

Opinion op the Court by

Judge Cammack

— Reversing.

This case involves the granting of a new trial on the ground of newly discovered evidence. Section 340, subsection 7, and Section 344, Civil Code of Practice. The litigation over the subject matter arose in 1929, when the appellant Cisco, as liquidating agent for the Perry Bank & Trust Company, brought suit against the Patrick Henry Council No. 180, Junior Order of United American Mechanics, Hazard, Ky., to recover the balance due on two notes. The Lodge defended on the ground of fraud, want of consideration and lack of am thority on the part of…