Hyperlawhypertext legal database Holland Patent Milk & Cream Co. v. Rowland 125 N.Y.S. 1124

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Holland Patent Milk & Cream Co. v. Rowland

125 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1910-10-21 English

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p. 1124
HOLLAND PATENT MILK & CREAM CO., Respondent, v. ROWLAND, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 21, 1910.)

Headnote

Action by the Holland Patent Milk & Cream Company against Grant C. Rowland.

Judgment and order affirrx>

ed, with costs. Held, that the defendant by his admissions and conduct upon the trial waived every defense except the affirmative one alleged in paragraph third of the answer, which was not established. We do not pass upon the contract set out in the complaint or the right of the plaintiff to recover except by reason of the waiver referred to.