Appellate Division of the Supreme Court of New York, 1929

Cleary v. F. A. Feyl

Cleary v. F. A. Feyl
Appellate Division of the Supreme Court of New York · Decided March 15, 1929
226 A.D. 706
Cleary v. F. A. Feyl

Opinion of the Court

—Judgment affirmed, with costs. Van Kirk, P. J., Hinman, Davis and Hasbrouck, JJ., concur; Hill, J., dissents on the ground that the presumption that defendant’s car was being used with his consent, express or implied, disappeared in the face of substantial evidence to the contrary. (Potts v. Pardee, 220 N. Y. 431.)

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