Riker v. Leo — 39 N.Y. St. Rep. 984

Majority

p. 984

John H. Riker, Ex’r, Resp’t, v. Sampson S. Leo et al., App’lts.

Headnote

Appeal from judgment entered upon decision after trial at special term.

Louis Marshall and A. L. Sanger, for app’lts; John E. Parsons, for resp’t.

—This case has been before this court upon a previous appeal, and also before the court of appeals, in which court the conclusion arrived at in this court was reversed.

We do not see that the case occupies any different or other position from what it did upon the previous appeal, and the decision of the court of appeals is therefore conclusive upon us; and it is not necessary to again discuss the questions which appear to have been definitely determined by the court of 1-st resort. Upon the trial which resulted in the judgment from which this appeal is taken the directions of the court of appeals were followed and the judgment, should, therefore, be affirmed, with costs.

Barrett, J., concurs.