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In certain courts evidence of absence of complaints by customers has been excluded on the issue of defective quality of goods sold, and the hearsay rule has been relied upon or referred to. United States v. 11 1/4 Dozen Packages of Article Labeled in Part Mrs. Moffat's Shoo Fly Powders for Drunkenness, 40 Fed. Sup. 208, 211 (D. C. W. D. N. Y.). United States v. Paddock, 68 Fed. Sup. 407, 409 (D. C. W. D. Mo. W. D.). Altkrug v. William Whitman Co. Inc. 185 App. Div. (N. Y.) 744, 748-749. James K. Thomson Co. Inc. v. International Compositions Co. Inc. 191 App. Div. (N. Y.) 553, 556-557. George W. Saunders Live Stock Commission Co. v. Kincaid, 168 S. W. 977, 978 (Tex. Civ. App.). Contra: St. Louis Southwestern Railway v. Arkansas & Texas Grain Co. 42 Tex. Civ. App. 125, 132. McCormick, The Borderland of Hearsay, 39 Yale L. J. 489. See Danish Pride Milk Products Co. v. Marcus, 272 Pa. 340, 344-345. In Menard v. Cashman, 94 N. H. 428, 433-434, which was an action of tort arising out of a fall on a defective stairway in a business block, it was ...

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