The Continental National Bank, on Behalf of Itself and All Other Creditors of J. Prevost Mason, Respondent, v. Nettie H. Moore, Appellant, and The Fidelity and Casualty Company, Respondent

The Continental National Bank, on Behalf of Itself and All Other Creditors of J. Prevost Mason, Respondent, v. Nettie H. Moore, Appellant, and The Fidelity and Casualty Company, Respondent. Continental national Bank v. Moore, 83 App. Div. 419, appeal dismissed. (Argued April 10, 1905; decided April 18, 1905.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 15, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The motion was made upon the grounds that the judgment appealed from was one unanimously affirming a judgment rendered in an action to set aside an assignment as in fraud of creditors, and that an appeal therefrom had not been allowed. George Goggill for motion. William B. Tullis opposed. [MAJORITY] Motion granted and appeal dismissed, with costs that have accrued, and ten dollars costs of motion.