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McMullin v. Dairymen's League Co-Operative Ass'n

236 A.D. 871 Court N.Y. App. Div. English

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p. 871
Norman McMullin, Respondent, v. Dairymen’s League Co-Operative Association, Inc., Appellant.

Judgment and order reversed, on the law, with costs, and complaint dismissed, with costs, on the ground that there was no evidence to justify a verdict for plaintiff under the amended complaint. Van Kirk, P. J., Hinman, Rhodes and Crapser, JJ., concur; Hill, J., dissents and votes to affirm on the ground that there was question of fact to be passed upon by the jury.