¶1—Order reversed, with costs, and motion denied, with costs. Held, that the plaintiff did not make out a case to authorize the granting of a new trial on the o ground of newly-discovered evidence in that he failed to show that he exercised due diligence in producing the testimony which he now claims is material. All concurred, Kruse, P. J., in result only.
173 A.D. 918
Prather v. Barrett
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1916
Appellate Division of the Supreme Court of the State of New York · decided 1916-03-15
Decided 1916-03-15