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JAMES HOLLAND, Appellant, v. ATLANTIC STEVEDORING COMPANY, Respondent.

Per Curiam.

Affirmed upon the authority of Brassel v. Electric Welding Company ( 239 N.Y. 78). The affidavit sets forth facts sufficient to show an accord and satisfaction or a release by a payment in full within the purport and meaning of subdivision 7 of rule 107 of the Rules of Civil Practice.

The judgment should be affirmed, with costs.

HISCOCK, Ch. J., CARDOZO, POUND, CRANE, ANDREWS and LEHMAN, JJ., concur; McLAUGHLIN, J., absent.

Judgment affirmed.

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HOLLAND v. ATLANTIC STEVEDORING CO
(Jan 21, 1925)