Appellate Division of the Supreme Court of New York, 1922

Borden's Farm Products Co. v. Sterbinsky

Borden's Farm Products Co. v. Sterbinsky
Appellate Division of the Supreme Court of New York · Decided February 15, 1922
200 A.D. 910
Borden's Farm Products Co. v. Sterbinsky

Opinion of the Court

Order affirmed. No opinion. Rich, Jaycox, Manning and Young, JJ., concur; Kelly, J., dissents upon the ground that prior to the hearing of the motion the appellant had been arrested for the identical offense set forth in the moving affidavits, and after a hearing at which the complainant and the appellant were examined, was acquitted by the magistrate; that under these circumstances it was error to find the appellant guilty of contempt upon affidavits.

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