Benjamin L. M. Bates, Respondent, v. Frederick Holbrook et al., Appellants

Benjamin L. M. Bates, Respondent, v. Frederick Holbrook et al., Appellants. Sates v. Holbrook, 89 App. Div. 548, appeal dismissed. (Argued March 14, 1904; decided March 22, 1904.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 26,1904, affirming a judgment in favor of plaintiff entered upon the report of a referee appointed to assess damages after the affirmance by the Court of Appeals of an order of the Appellate Division reversing a judgment in favor of defendants, entered upon a dismissal of the complaint by the court on trial at Special Term, and granting a new trial and a direction for judgment absolute in favor of plaintiff. The motion was made upon the grounds that the appeal was improperly brought and ivas not authorised. Charles F. Brown for motion. F. E. Smith opposed. [MAJORITY] Motion granted and appeal dismissed, with costs and ten dollars costs of motion.