Levas v. Dewey

On Rehearing.

[En. Banc. January 19, 1950.]

Hamley, J.

The judgment in this case was reversed on appeal to this court. A rehearing was granted, and the cause was argued to the court sitting En Banc.

The majority of the court has arrived at a conclusion different from that of the Department. The facts are fully set out in the Departmental opinion, and will be only briefly summarized here.

This is an action to recover the balance due on a promissory note, and to foreclose a real-estate mortgage given to secure the note. The action was brought by the executors of the estate of John Levas, the…