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Richard Deeves & Son v. Manhattan Life Insurance

191 N.Y. 521 Court N.Y. Decision date 1908-02-25 English

Contents

Majority

p. 521
Richard Deeves & Son, Respondent, v. The Manhattan Life Insurance Company, Appellant.

Headnote

Reported below, 122 App. Div. 888 .
(Submitted February 17, 1908;
decided February 25, 1908.)
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 14, 1907, affirming a judgment in favor of plaintiff entered upon a- verdict directed by the court
p. 522
in an action to recover a balance alleged to be- due on a building contract.
The motion was made upon the grounds that the Court of Appeals had no jurisdiction to review the judgment appealed from, it being an unanimous affirmance of a judgment in an action for services.
John Frankenheimer for motion.
Edward S. Rapallo and A. Chalmers Charles opposed.

Motion denied, with ten dollars costs.