Hettrick Manufacturing Co. v. Barish

Mullan, J. (dissenting).

I dissent, not because of any inclination to disagree with the views expressed by my learned brother Bijur in the splendid contribution he has made to the law affecting one of the most important subjects in the whole domain of human relations, but because I do not feel that the members of this court are free either to apply or express any views that they may themselves hold upon the question now before us. This case is on all fours with Frank v. Vogt, 178 App. Div. 833. Mr. Justice Bijur himself admits that no distinction can possibly be drawn between that case and…