Rose v. Hawley — 39 N.Y. St. Rep. 985

Majority

p. 985

Levi P. Rose, App’lt, v. David Hawley et al., Resp’ts.

Headnote

Appeal from judgment sustaining demurrers to complaint.

James M. Hunt, for app’lt; Theodore Fitch and Joseph F. Daly, for resp’ts.

-We cannot see that the statement of facts in the ninth paragraph of the complaint makes a new case.

All decisions are based upon some reason, and frequently the difficulty which caused the defeat might have been obviated if suggested, but such oversight does not deprive the decision of finality.

So we conclude that the decision of the court of appeals in the former action is conclusive and that the judgment must be affirmed, with costs.

Pratt, J., concurs.