Banca Nazionale Di Credito v. Equitable Trust Co.

Section 323 of the Civil Practice Act (as amd. - by Laws of 1926, chap. 679) provides that any party, by notice in writing, given not later than ten days before trial, may call on any other party to admit, for the purposes of the cause, matter or *556issue only, any specific fact or facts mentioned in such notice. In case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the court or a judge, the expenses incurred in proving such fact or facts must be ascertained at the trial and paid by the party so neglecting…