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Appellate Division of the Supreme Court of New York, 1924

Bowlby v. McQuail

Bowlby v. McQuail
Appellate Division of the Supreme Court of New York · Decided December 15, 1924 · Grant, Kapper, Kelby, Kelly, Plaintiffs, Rich, Vote, Young
211 A.D. 869
Bowlby v. McQuail

Opinion of the Court

— Order denying motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements. We think, in view of the decision of this court on the former appeal (208 App. Div. 818), that the issue presented by the answer as amended should be tried.

Kelly, P. J., Young and Kapper, JJ., concur; Rich and Kelby, JJ., dissent, and vote to grant judgment for the plaintiffs.-

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