The following excerpt is from Sanford v. White, 150 F. 724 (2nd Cir. 1907):
As both counsel cite Babbage v. Powers, 130 N.Y. 281, 29 N.E. 132, 14 L.R.A. 398, as containing a correct statement of the rule of law in such cases, a single quotation therefrom will be sufficient to dispose of this contention. There the court says as follows:
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