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Madden v. Morris

196 A.D. 901 Court N.Y. App. Div. English

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p. 901
Mary E. Madden, Respondent, v. Bessie Morris, Appellant.

Judgment affirmed, with costs. No opinion. Jenks, P. J., Blaekmar and Jaycox, JJ., concur; Mills, J., dissents upon the ground that it appears by the opinion of the trial justice that in weighing the evidence he applied the rule or standard that the burden rested upon the defendant to affirmatively establish the fairness of the transaction; whereas Mr. Justice Mills concludes that

p. 902
that exceptional rule did not apply to this case; Rich, J., concurs with Mills, J.