Majority
p. 276John B. Brand, Resp’t, v. Parke Godwin, App’lt.[1] (New York Common Pleas, General Term, Filed May 5, 1890.)
Headnote
Appeal—Leave to go to coubt .op appeals.Leave to appeal to the court oí appeals will be granted where the case presents some features not clearly embraced within the decisions of that court and where the liability of defendant is highly penal and many pending actions arising out of the same subject-matter will depend upon, the adjudication in this case.
Motion for re-argument or leave to go to the court of appeals.
Nelson Smith, for motion; W. W. Badger, opposed.
The questions presented on this appeal, while not entirely novel, having, in the main, been settled by the decisions of the highest appellate court of this state, yet present some features not clearly embraced within those decisions, and for the reason that the liability of the defendant is highly penal, and that many other pending actions arising out of the subject-matter of this appeal will, in their result, depend upon the adjudication in this case, I think that permission should be extended to the appellant to appeal to the court of appeals. Jackson v. Purchase, 1 Hilton, 357.
Ti arremore, Ch. J., and Daly, J., concur.