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New York Court of Appeals, 1878

Hill v. . Berry

Hill v. . Berry
New York Court of Appeals · Decided November 12, 1878 · Andrews
75 N.Y. 229; 1878 N.Y. LEXIS 851

Counsel

Cantwell, Paddock Saunders, for appellants. Burke Kilburn, for respondent.

Hill v. . Berry

Opinion of the Court

*231 Andrews, J.

The decision at this term in Volans v. Owens (74 N. Y., 526) is decisive of the point upon which the complaint was dismissed, and the case was correctly disposed of by the General Term.

The order granting a new trial must therefore be affirmed, and judgment absolute given for the plaintiff upon the stipulation.

All concur.

Order affirmed and judgment accordingly.

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