anderson versus george verdict obtain by stratagem set aside without cost on  either side upon a rule for the plaintiff to show cause I why a verdict obtain  by he for shall not be set aside and a new trial order upon payment of cost  the case appear to be that the plaintiff have sell good to the defendant who  pay for they by a promissory note of one Hopley which the defendant endorse  the plaintiff demand the money of Hopley but indulge he with further day of  payment several time till Hopley break the only dispute between the party be  which of they ought to bear the loss of this note for the plaintiff be pay if  the loss ought to fall upon he through his neglect or indulgence in give  further credit to Hopley there be two count in the declaration one for good  sell the other against the defendant as endorse of the promissory note when  the cause come on to be try though both party come to try the real merit of  the question between they videlicet which shall bear the loss of the note  occasion by Hopleys failure and the plaintiff agent have the note in court yet  find upon their own evidence that the plaintiff have give repeat further  credit to Hopley they resort to a trick and rest their ease upon prove the  sale and delivery of the good which never be dispute the defendant can not  produce the note it be in the plaintiffscustody rely upon its burrow be the  only ground of the plaintiff case the defendant have not give he notice to  produce it the count state it can not be give in evidence and the defendant  have not entitle himself to prove the content for want of notice to produce it  Lord Mansfield tell they at the trial it be a improper artifice that no  verdict can stand which be so obtain but the plaintiff refuse to produce the  note and have a verdict of course it be now contend for the plaintiff that the  verdict be regular and the plaintiff in no fault for without notice he be not  oblige to produce the note therefore the verdict ought not to be set aside the  court think the plaintiff have take a unfair advantage contrary to justice and  good conscience that the rule of practice must be general but he who abuse  they in a particular case shall not shelter a trick by regularity the  plaintiff do not want notice to produce a note he have in court and which he  have lie in the declaration as his ground of action beside he take a verdict  for the price of the good though he have receive satisfaction the evidence of  which be in his own custody and suppress they not only set aside the verdict  but set it aside without payment of cost and declare the next time that a  party shall obtain a verdict in like manner by a unfair unconscionable  advantage without try the real question they will set aside the verdict and  make he pay the cost a new trial be order this cause be try at guildhall the  sit after this term and the defendant have a verdict upon the merit to the  satisfaction of every body the case be clear beyond a doubt