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Moore v. Moore

Appellate Division of the Supreme Court of New York, Third Department
Jan 1, 1910
136 App. Div. 934 (N.Y. App. Div. 1910)

Opinion

January, 1910.


This motion is based on a misconception of our former decision. ( 134 App. Div. 708.) We held that the conclusion of the referee that the deed was an absolute conveyance was against the clear weight of evidence and that the plaintiffs were entitled to an unqualified reversal of the judgment. They were willing, however, that the deed might stand as security, and, while expressly refraining from requiring such a disposition of the case, we permitted the defendant to consent thereto if he preferred such a disposition to a reversal of the judgment. That permission was for his benefit, and his unwillingness to give such consent does not affect the plaintiffs' right to a reversal of the judgment for the reasons stated in the opinion. The motion for a reargument is, therefore, denied. Motion denied.


Summaries of

Moore v. Moore

Appellate Division of the Supreme Court of New York, Third Department
Jan 1, 1910
136 App. Div. 934 (N.Y. App. Div. 1910)
Case details for

Moore v. Moore

Case Details

Full title:ALFRED A. MOORE and ANNA L. MOORE, Appellants, v . FRANK A. MOORE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 1, 1910

Citations

136 App. Div. 934 (N.Y. App. Div. 1910)