Central Trust Co. v. Pittsburg, Shawmut & Northern Railroad

Majority

p. 529

Central Trust Company of New York, Plaintiff, v. The Pittsburg, Shawmut and Northern Railroad Company et al., Defendants, Frank S. Smith, as Receiver, Appellant, and Central Trust Company, as Trustee, et al., Respondents.

Headnote

Appeal — interlocutory order.

Central Trust Co. of N. Y. v. Pittsburg, S. & N. R. R. Co., 189 App. Div. 921 , appeal dismissed.

(Argued April 19, 1920;

decided May 7, 1920.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 18, 1919, reversing, upon the facts, an order of Special Term, and remitting the matter to the Special Term to take such further proof upon the questions involved in the proceeding as either party might desire to submit. Respondent contended that the order appealed from was not'final and, therefore, not appealable, as of right, to the Court of Appeals.

Alton B. Parker, Frederic W. Frost and Frank Sullivan Smith for appellant.

Arthur H. Van Brunt and Orville C. Sanborn for Central Trust Company of New York, as trustee, respondent.

Adelbert Moot and Welles V. Moot for Pacific Improvement Company, respondent.

p. 530

Appeal dismissed, with costs, on authority of Central Trust Company v. Pittsburg, Shawmut & Northern R. R. Co. ( 229 N. Y. 68 ).

Concur: His cock, Ch. J., Collin; Cardozo, Pound and Crane, JJ. Dissent: Chase, J., on memoranda filed in said case, with whom Andrews, J., concurs.

Cases cited

Central Trust Co. v. Pittsburgh, Shawmut & Northern Railroad 229 N. Y. 68 N.Y. 1920-05-07 p. 530