Ernst v. Estey Wire Works Co.

In this case the judgment in favor of the plaintiffs was affirmed (20 Misc. Rep. 365), and-the defendant .moves for a. reargument, assigning as reasons, (1); that the court overlooked the fact that the court helow excluded testimony to prove that the plaintiffs had notice of the collection of the claims in" suit by the Kilmer Manufacturing Company (their assignor) when- they made the agreement'with the latter on October 19, 1895; (2) that the court below excluded the defendant’s testimony to1 prove the allegations contained in the answer.

We may say, in the language of the Court of Appeals in…