Howe v. Thomas F. Cushing Co. — 205 N.Y. 586

Majority

p. 586

J. Henry Howe et al., Respondents, v. Thomas F. Cushing Company, Appellant.

Headnote

Reported below, 140 App. Div. 941 .

(Argued April 29, 1912;

decided May 7, 1912.)

Motion to dismiss an appeal from a judgment entered December 1, 1910, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff on the verdict.

The motion was made upon the ground that defendant had been adjudged a bankrupt and a trustee duly

p. 587

appointed who had qualified, but that no substitution of parties had been made.

James M. E. O’Grady for motion.

George D. Reed opposed.

Motion denied, with ten dollars, costs.