McNEIL v. MAYHEW


10 F.2d 393 (1925)

McNEIL v. MAYHEW.

District Court, E. D. New York.

May 13, 1925.


Attorney(s) appearing for the Case

Zabriskie, Sage, Gray & Todd, of New York City (George Zabriskie and George Gray Zabriskie, both of New York City, of counsel), for plaintiff.

Kelly, Hewitt & Harte, of New York City, for defendant.


GARVIN, District Judge.

A motion having been made before me by the plaintiff for summary judgment and having been denied, plaintiff now moves for leave to reargue. The motion is granted, and the motion for judgment will now be considered de novo.

My first conclusion, expressed in a short memorandum, was to the effect that the denials interposed by the defendant raised such an issue as required the question of the meeting of the minds to be determined upon...

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