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Cainon v. McVeagh

204 A.D. 856 Court N.Y. App. Div. English

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Majority

p. 856
Cutler J. Cainon, Respondent, v. J. Wayne McVeagh and Others, Doing Business under the Name and Style, The New Era Ore Reduction Company, and Others, Appellants.

Order reversed, without costs, and judgment vacated, without prejudice to a renewal of the motion at Special Term upon new papers, and permission granted to the defendants to move to amend their answer, it appearing now that the answer admits a material allegation of the complaint, but that defendant’s affidavit denies it. All concur.