Obart v. Simonds Soap Co. , 11 N.Y. St. Rep. 890 ( 1887 )

Per Curiam.

—The affidavits upon which the defendant moved the court to postpone the trial were uncontradicted, and in the absence of any denial of the facts alleged therein established a proper case for an adjournment to some future day. Under these circumstances it was error for the court below to deny the motion and on this ground the judgment must be reversed and a new trial ordered, with costs to abide the event.