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Meyers v. Stix

59 N.Y. St. Rep. 286 Court N.Y.C.P. Decision date 1894-05-17 English

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Majority

p. 286
George H. Meyers et al., App’lts, v. Lena Stix et al., Resp’ts.[1]
(New York Common Pleas, General Term,
Filed May 17, 1894.)

Headnote

Appeal—Former.
Where there is little or no difference between the facts as presented on the first and second trial, the decision on the former will control on the second appeal.
Appeal from a judgment of the general term of city court affirming a judgment of the trial term of that court and from an order denying a motion for a new trial.
Charles Meyers for app’lts ; Samuel W. Weiss for resp’ts.

We see little or no difference between the facts as presented on the former trial, (reported 86 St. Rep. 848 ) and upon this. On the former appeal we held that there was a trilateral agreement between the parties; and we see no reason to recede from that, upon the facts presented in this. We think therefore this judgment is proper and should be affirmed, with costs.