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Appellate Division of the Supreme Court of New York, 1907

Rivers v. New York Evening Journal Publishing Co.

Rivers v. New York Evening Journal Publishing Co.
Appellate Division of the Supreme Court of New York · Decided June 7, 1907 · Jenks
104 N.Y.S. 1081 (New York Supplement)

Counsel

Clarence J. Shearn, for appellant., Melville J. France, for respondent.

Rivers v. New York Evening Journal Publishing Co.

Opinion of the Court

JENKS, J.

We think that this judgment should be affirmed for the reasons stated by the learned justice who presided at the Special Term. We may add as authorities which sustain his conclusion Gidney v. Blake, 11 Johns. 54, Dorland v. Patterson, 23 Wend. 422-424.

The interlocutory judgment must be affirmed, with leave to the defendant to plead over upon payment of costs. All concur.

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