Moffett v. Staples — 216 N.Y. 672

Majority

p. 672

John F. Moffett, Respondent, v. Orren G. Staples, Appellant.

Headnote

Moffett v. Staples, 164 App. Div. 933 , appeal dismissed.

(Submitted October 25,1915;

decided October 29, 1915.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth

p. 673

judicial department, entered October 2, 1914, affirming a judgment in’favor of plaintiff entered upon the report of a referee in an action to recover a balance alleged to be due the plaintiff upon the sale of certain collateral deposited by him with defendant as security for payment of a promissory note. The motion was made upon the ground that no questions appear by the record to be reviewable by the-Court of Appeals.

Pardon C. Williams for motion.

Charles A. Phelps opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion.