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Swall v. Jones

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1927
220 App. Div. 799 (N.Y. App. Div. 1927)

Opinion

May, 1927.

Present — Hubbs, P.J., Sears, Crouch, Taylor and Sawyer, JJ.


Judgment affirmed, with costs. The issue of performance arose under the pleadings in the former action, was there litigated, submitted to the jury and decided adversely to the contention of defendant, appellant. The evidence relating to it had full consideration by this court on the former appeal and again upon the motion for leave to appeal to the Court of Appeals, all in the light of full and able briefs by counsel on both facts and law. Permission to appeal was also denied by the Court of Appeals. It may not be litigated a second time. All concur.


Summaries of

Swall v. Jones

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1927
220 App. Div. 799 (N.Y. App. Div. 1927)
Case details for

Swall v. Jones

Case Details

Full title:MARY WILSON VAN SWALL, as Executrix, etc., of PERNETTE VAN SWALL…

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

Date published: May 1, 1927

Citations

220 App. Div. 799 (N.Y. App. Div. 1927)