Spears v. Willis — 28 N.Y.S. 1118

Majority

p. 1118

SPEARS, Respondent, v. WILLIS, Appellant.

(Supreme Court, General Term, Third Department.

May 8, 1894.)

Headnote

Action by James Spears against Eben Willis.

Argued before MAYHAM, P. J., and PUTNAM and HERRICK, JJ.

Swift & Sanford (Theo. H. Swift, of counsel), for appellant.

Ledyard P. Hale, for respondent.

We think the judgment should be affirmed. The opinion written when this case was first before us (Spears v. Willis, 69 Hun, 408 , 23 N. Y. Supp. 549 ), the facts not having been materially changed on the last trial, renders the writing of another unnecessary.