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Permanente Products Company v. Bell Aircraft Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
May 17, 1950
277 A.D. 833 (N.Y. App. Div. 1950)

Opinion

May 17, 1950.

Present — Taylor, P.J., McCurn, Love, Kimball and Piper, JJ.


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, in the interest of justice, the question of fact as to whether or not a pledge agreement was made, should be determined on a new trial.


Summaries of

Permanente Products Company v. Bell Aircraft Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
May 17, 1950
277 A.D. 833 (N.Y. App. Div. 1950)
Case details for

Permanente Products Company v. Bell Aircraft Corp.

Case Details

Full title:PERMANENTE PRODUCTS COMPANY, Appellant, v. BELL AIRCRAFT CORPORATION…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 17, 1950

Citations

277 A.D. 833 (N.Y. App. Div. 1950)