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Griggs v. Day

59 N.Y. Super. Ct. 560 27 Jones & S. 560 Court N.Y. Super. Ct. Decision date 1891-01-05 English

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p. 560
CLARK R. GRIGGS, Appellant v. MELVILLE C. DAY, et al., as Executors, etc., Respondents.

Headnote

On the settlement of the order to he entered on the decision in this case, reported in 58 N- T. Superior Court Reports, page 885.
Before Sedgwick, Ch. J., Freedman and Ingraham, JJ.
Decided January 5, 1891.
John McDonald, for appellant.
William R. Bronk, for respondent.

The Court (Freedman, J., writing) held, after a further hearing of counsel on the settlement of the order, that in view of the complicated state of the accounts between the parties, the defendant should have a further hearing upon a new trial, and that the order to be entered should provide for the unconditional reversal of the judgment upon the facts .as well as the law, and for a new trial, in accordance with the principles laid down in the opinion reported in 58 N. Y. Superior Court Reports, 385.