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Bowlby v. McQuail

211 A.D. 869 Court N.Y. App. Div. English

Judges Kelly, P. J., Young and Kapper, JJ., concur; Rich and Kelby, JJ., dissent, and vote to grant judgment for the plaintiffs.-

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p. 869
Foster R. Bowlby and Another, as Executors, etc., of George M. Bowlby, Deceased, Appellants, v. John Ennis McQuail, Respondent.

— Order denying motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements. We think, in view of the decision of this court on the former appeal ( 208 App. Div. 818 ), that the issue presented by the answer as amended should be tried.

Kelly, P. J., Young and Kapper, JJ., concur; Rich and Kelby, JJ., dissent, and vote to grant judgment for the plaintiffs.-