Weldon v. De Lisle

This case was submitted on the 14th of March, 1896. Appellant now moves for a reargument, and one of the reasons urged is that the case was submitted instead of being argued orally. Upon an examination of all the grounds urged for a reargument, we are of the opinion that the appellant has not made a case entitling him to a reargument according to well-established rules applicable to motions for reargument. Mount v. Mitchell, 32 N. Y. 702 ; Marine Nat. Bank v. National City Bank, 59 N. Y. 67 ; Bank v. Hunsiker, 72 N. Y. 252 ; Fosdick v. Town of Hempstead, 126 N. Y. 651 , 27 N. E. 382 . In the course of the examination of the case upon the merits, the court had occasion to refer to Billings v. Russell, 101 N. Y. 226 , 4 N. E. 531 , and Clapp v. Town of Ellington, 87 Hun, 542 , 34 N. Y. Supp. 283 , and it reached the conclusion that the question involved and passed upon by the referee was one of fact. Vega v. French, 79 Hun, 364 , 29 N. Y. Supp. 450 ; Town of Corning v. Head, 86 Hun, 14 , 33 N. Y. Supp. 360 ; Devlin v. Bank, 125 N. Y. 756 , 26