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17 A.D. 45

McCabe v. Brainard

Appellate Division of the Supreme Court of the State of New York · decided 1897-07-01

Appeal by the defendant, Ira I). Brainard, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on-the 6th. day of February,. 1896, upon the verdict of a jury, and also from an .order entered in- said. clerk’s office on the 25th day of Februaiy,' 1896, denying the defendant’s motion for a new trial made upon the minutes.

Relies on Ring v. . City of Cohoes

Decided 1897-07-01

Hardin, P. J.:

¶1I concur upon the last ground stated in the opinion of Follett, J. (Ring v. City of Cohoes, 77 N. Y. 83; Durkin v. Sharp, 88 id. 225; Seeley v. N. Y. C. & H. R. R. R. Co., 102 id. 719; Dobbins v. Brown, 119 id. 188; Grant v. Canal & Railroad Company, 133 id; 657.)

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