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Merchant v. Ryall

143 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1913-10-03 English

Contents

Majority

p. 1130
MERCHANT, Respondent, v. RYALL, Appellant, et al.
(Supreme Court, Appellate Division, Second Department.
October 3, 1913.)

Headnote

Action by Metta F. Merchant, as administratrix, etc., against George M; Ryall and others.

Motion to dismiss appeal from judgment denied, on condition that appellant perfect his appeal from order, place the case on the present calendar, and be ready for argument when reached; otherwise, motion granted, without costs. Motion to dismiss appeal, on the ground that defendant Ryall has accepted a benefit under the judgment, denied, without costs. See, also, 142 App. Div. 949 , 127 N. Y. Supp. 1132 .