Contracts · MBE-tested
Harvey Murdock, Respondent, v. Howard Gould, Appellant
189 N.Y. 570·New York Court of Appeals·1907·NY
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Opinion
Harvey Murdock, Respondent, v. Howard Gould, Appellant.
Reported below, 120 App. Div. 888.
(Submitted October 21, 1907;
decided October 29, 1907.)
Motion to dismiss an appeal from a judgment of the Appellant Division of the Supreme Court in the second judicial department, entered June 26, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
The motion was made upon the grounds that the action was one to recover for breach of contract for services; that the judgment of the Ajjpellate Division was unanimous and permission to appeal had not been given.
Frederic H. Kellogg for motion.
Kicoll, Ancible <$s Lindsay opposed.
[MAJORITY]
Motion denied, with ten dollars costs.