This case was previously before the court upon an appeal from a judgment dismissing the complaint at the close of the plaintiffs' case, and, upon a decision by this court determining that a cause of action had been prima facie established for an impairment of Hyman Heller's mortgage and a conversion of chattels owned by Hyman Heller, Inc., that judgment was modified as to the respondents herein and remitted for a new trial (Heller v. Gerry,
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