Kilpatrick v. Dean — 5 N.Y.S. 956

Majority

p. 956

Kilpatrick v. Dean et al.

(Common Pleas of New York City and County,

General Term.

June 3, 1889.)

Headnote

A judgment for plaintiff at a trial term of the city court was affirmed on appeal to the general term of that court. An appeal was then taken to the general term of this court, where the judgment was again affirmed. 4 B. Y. Supp. 708. Defendants now move for leave to appeal to the court of appeals.

Blandy & Hatch, for appellants. Kelly & MacRae, for respondent.

The questions involved in this case were fully examined by ■the general term, and the result is stated in its opinion. Bo reason appears why this case should be further litigated, as no new or important question of law is shown to exist. Any further delay in this case would be prejudicial, ■as the assignee is stayed from winding up his trust. We think the two opinions already pronounced dispose of every point in the ease, and further argument would be merely prolonging unnecessary delay. Motion denied.