Appellate Division of the Supreme Court of New York, 1922

Harrington v. Hamilton B. Wills & Co.

Harrington v. Hamilton B. Wills & Co.
Appellate Division of the Supreme Court of New York · Decided November 15, 1922
204 A.D. 860
Harrington v. Hamilton B. Wills & Co.

Opinion of the Court

Motion to amend decision [See 203 App. Div. 878] denied, upon the ground that section 117 of the Civil Practice Act does not provide for a preclusion order in this case, and that the decision in MacDonald v. Wills & Co., Ltd. (199 App. Div. 902, 911) is not a precedent, for the reason that in that case there were affirmative allegations in the answer.

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