General

Lawrence J. Dolan, Appellant, v. Adolph Barr and Max Barr, Respondents

190 A.D. 911·New York Supreme Court, Appellate Division·1919·NY

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Opinion

Lawrence J. Dolan, Appellant, v. Adolph Barr and Max Barr, Respondents. Judgment unanimously affirmed, with costs. Upon the record before this court, plaintiff failed to show want of probable cause for the action of defendants in complaining to the magistrate and obtaining a summons. The record before the magistrate and before the Court of Special Sessions is not printed in the case on appeal, nor do we find any evidence that at any time plaintiff returned the book of samples which he obtained from defendants with the twenty-five dollars. [MAJORITY] Present — Jenks, P. J., Rich, Blackmar, Kelly and Jaycox, JJ.