General

Franklin Haines, Appellant, v. Amzi L. Barber et al., Respondents

187 N.Y. 577·New York Court of Appeals·1907·NY

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Opinion

Franklin Haines, Appellant, v. Amzi L. Barber et al., Respondents. Haines v. Barber, 113 App. Div. 696, appeal dismissed. (Argued February 18, 1907; decided February 26, 1907.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 17,1906, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial in an action to restrain the forfeiture of the plaintiff’s rights under a certain agreement and to set aside a sale of certain stock thereunder. The motion was made upon the ground that the judgment of Special Term was unanimously reversed upon the facts as well as upon the law. Louis L. Babcock for motion. Abraham Benedict opposed. [MAJORITY] Motion granted and appeal dismissed, with costs and ten dollars costs of motion.