Cohen v. American Surety Co. — 129 A.D. 177

Majority

p. 177

J. Quintus Cohen, as Trustee of Estate of John T. Lee, Bankrupt, Appellant, v. American Surety Company of New York, Respondent.

(No. 2.)

First Department,

December 11, 1908.

Headnote

(See head note in CoTien v, American Surety Co., No. 1, ante, p. 166.)

Appeal by the plaintiff, J. Quintus Cohen, as trustee, etc., from an order of the Supreme Cqurt, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of October, 1908, denying the plaintiff’s motion to strike the case from the Special Term calendar.

Michel Kirtland, for the appellant.

Charles M. Demond of counsel [Henry C. Willcox, attorney] for the respondent.

For the reasons stated in the opinion handed down herewith on the appeal from the order directing that the issues raised by the equitable counterclaim aind the reply thereto be first tried at Special Term (Cohen v. American Surety Co., No. 1, 129 App. Div. 166 ), the order appealed from should be reversed and the motion granted, with ten dollars costs and disbursements.

Patterson, P. J., and Laughlin, J., concurred; Ingraham and Scott, JJ., dissented.

Order reversed, with ten dollars costs and disbursements, and motion granted.