PERMANENTE PRODS. CO. v. BELL AIRCRAFT CORP.


277 A.D. 833 (1950)

Permanente Products Company, Appellant, v. Bell Aircraft Corporation, Respondent. (Action No. 1.) Bell Aircraft Corporation, Respondent, v. Mills Industries, Incorporated, Defendant, and Permanente Products Company, Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 17, 1950.


Motion for reargument denied.

Memorandum:

We are not convinced that, on this record, we may make the proposed finding of fact as to the claimed pledge agreement. Assuming, but not deciding, we have that authority, we think that we should not exercise it in this case, as such procedure would deprive appellant of a review of the facts on appeal (N. Y. Const., art. VI, § 7; Civ. Prac. Act, § 605). As set forth in our original memorandum we think that...

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