MR. JUSTICE HOLMES delivered the opinion of the Court.
This is an action that was brought in a court of the State of New York and tried before a jury. At the close of the plaintiff's case the complaint was dismissed upon the merits and the decision was affirmed by the Court of Appeals, 252 N.Y. 530, on the authority of Resigno v. F. Jarka Co., 248 N.Y. 225. A writ of certiorari was granted by this Court, 281 U.S. 708, because there is involved an important...
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