Coudert v. Jarvis — 188 N.Y. 584

Majority

p. 584

Louis L. Coudert, as Trustee in Bankruptcy for the Firm of Carley, Rosengarten & Carley, Appellant, v. Samuel M. Jarvis, Respondent.

(Submitted April 2, 1907;

decided April 16, 1907.)

Headnote

Coudert v. Jarvis, 114 App. Div. 913 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered. October 20, 1906, which affirmed an order of Special Term denying a motion to transfer the aboverentitled action from the Trial Term to the Special Term calendar.

The following questions were certified :

“I. Whether, on the'facts-shown by the record herein, the cause of action is one maintainable in equity or at law.

“ II. Whether leave should be granted to transfer said

p. 585

action from the Trial Term of said Court to a Special Term thereof, and the motion asking therefor granted.”

W. Benton Crisp for appellant.

nenry W'oilman and Achilles II. Kohn for respondent.

Order affirmed, with costs. First question answered “at law; ” second question answered in the negative; no opinion.

Concur : Cullen, Oh. J., O’Brien, Edward T. Bartlett, Haight, Yann, Hiscock and Chase, JJ.