New York Court of Appeals April 26, 1910 (Clark v. . Scovill)

Vann, J.

The main question presented by this appeal is whether the judgment before us was rendered on the merits. The learned justices of the Appellate Division were of the

*283

opinion that as the verdict

might

have been directed on the merits the judgment is a bar, but according to the true rule it is not a bar unless it

must

have been directed on the merits.