Van Tuyl v. Schwab — 217 N.Y. 663

Majority

p. 663

George C. Van Tuyl, Jr., as Superintendent of Banks of the State of New York, Respondent, v. Charles M. Schwab et al., Appellants, Impleaded with Others.

Headnote

Van Tuyl v. Schwab, 171 App. Div. —, appeal dismissed.

(Argued February 21, 1916;

decided February 29, 1916.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 5, 1915, which affirmed an order of Special Term overruling a demurrer to the reply in an action against stockholders of an insolvent trust company to enforce their statutory liability. The motion was made upon the ground that the order

p. 664

of the Appellate Division was an intermediate order and not appealable to the Court of Appeals.

Joseph A. Kellogg for motion.

Donald C. Strachan opposed.

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