Majority
p. 1105MARTIN’S BANK, Limited, Respondent, v. AMAZONAS CO., Appellant. (Supreme Court, Appellate Division, First Department. November 25, 1904).
Headnote
Action by Martin’s Bank, Limited, against- the Amazonas Company. An order was entered placing the cause on the special calendar of part 2 as a short cause for trial, as authorized by court rule 5, and defendant appeals. Modified. W. M. Seabury, for appellant. Abraham Benedict, for respondent.The order should be modified by allowing preference only over nonpreferred causes noticed for the same term, and, as thus modified, affirmed, without costs, on authority of Martin’s Bank, Limited, v. Amazonas Company (decided herewith) 90 N. Y. Supp. 734 .