National Harrow Co. v. E. Bement & Sons — 155 N.Y. 655

Majority

p. 655

The National Harrow Company, Appellant, v. E. Bement & Sons, Respondents.

Headnote

Reported below, 31 App. Div. 390 .

(Argued February 28, 1898;

decided March 8, 1898.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 22, 1897, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial.

p. 656

The motion was made upon the ground that the appellant has waived its right to appieal, it being alleged that it has taken affirmative action or has accepted a benefit under the order or judgment appealed from.

Goohmham, Sherman dé Martin for motion.

Risley dé Love opposed.

Motion denied, with ten dollars costs.