John W. Clark, Respondent, v. The National Shoe and Leather Bank of the City of New York, Appellant

John W. Clark, Respondent, v. The National Shoe and Leather Bank of the City of New York, Appellant. Reported below, 33 App. Div. 316. (Argued November 21, 1898; decided November 29, 1898.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 16, 1898, affirming a judgment in favor of plaintiff entered upon the decision of the court at a Trial Term, a jury having been waived. The motion was made upon the ground that the judgment is not appealable under sections 190, 191 of the Code of Civil Procedure ; that no question of law is involved; that the findings of fact were unanimously approved by the Appellate Division, and that the appeal has not been allowed by the Appellate Division or a judge of the Court of Appeals. O. B. Gould for motion. Putney c& Bishop opposed. [MAJORITY] Motion denied, with costs.