Cole v. Holton

This case comes before us for the second time on appeal from final decree after rescript. The case is reported in 272 Mass. 565. As a result of the exhaustive opinion there rendered the final decree with some modifications was affirmed with costs. After the rescript from this court the defendant Holton filed a motion for a new trial on the ground, in substance, that he had made a mistake of law in presenting his case and that justice required that there be further hearing. - This motion was denied after hearing, and a final decree after rescript was entered. If it be assumed in favor of the…