First Nat. Bank of Pittsfield v. Morong

The issue here presented, on plaintiff’s general motion for a new trial, must be considered in the light of the relationship of the six defendants to one Harold L. Morong, who was named as one of seven in the original process. It was discontinued as to him, on plaintiff’s motion, after he had been adjudicated a bankrupt. At the trial, the defendants moved for its dismissal on the ground that such discontinuance was prejudicial of their rights. The denial of their motion raises no issue here, no exceptions having been taken, but the fact is noted because the motion was made before the jury and…