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HALLENBECK v. VOGT

9 A.D.2d 836 (1959)

Donald C. Hallenbeck, Jr., an Infant, by Donald C. Hallenbeck, His Guardian ad Litem, et al., Respondents, v. Clifton Vogt, Defendant, and Jesse J. Kaye et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 13, 1959

The only evidence relating to the care and control alleged was the testimony of the husband of the owner of the horses. Asked if he had any conversation with defendant Shirley P. Kaye he said, "Yes, we did." The record proceeds: "Q. And as a result of those conversations were any horses removed from your farm to the property of Mrs. Kaye? A. Yes. Q. When did that happen? A. That happened — I imagine — all the conversation...

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