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Gray v. the New York Floating Elevator Company

Court of Appeals of the State of New York
Feb 10, 1882
88 N.Y. 645 (N.Y. 1882)

Summary

In Gray v. The New York Floating Elevator Co. (Feb. 10, 1882), recently decided in this court — a common-law action — the plaintiff appealed from so much of the order of the General Term as stated that the affirmance was "without prejudice to a motion to be made on a case at Special Term for a new trial on the question of fact," and we dismissed the appeal on the ground that the General Term in the exercise of its discretion could thus qualify its order of affirmance.

Summary of this case from Syracuse Sav. Bk. v. S., C. N.Y.R.R. Co.

Opinion

Argued January 31, 1882

Decided February 10, 1882

Luther R. Marsh for appellants.

Wm. W. Goodrich for respondent.


Agree to dismiss appeal; no opinion.

All concur.

Appeal dismissed.


Summaries of

Gray v. the New York Floating Elevator Company

Court of Appeals of the State of New York
Feb 10, 1882
88 N.Y. 645 (N.Y. 1882)

In Gray v. The New York Floating Elevator Co. (Feb. 10, 1882), recently decided in this court — a common-law action — the plaintiff appealed from so much of the order of the General Term as stated that the affirmance was "without prejudice to a motion to be made on a case at Special Term for a new trial on the question of fact," and we dismissed the appeal on the ground that the General Term in the exercise of its discretion could thus qualify its order of affirmance.

Summary of this case from Syracuse Sav. Bk. v. S., C. N.Y.R.R. Co.
Case details for

Gray v. the New York Floating Elevator Company

Case Details

Full title:JOHN GRAY et al., Appellants, v . THE NEW YORK FLOATING ELEVATOR COMPANY…

Court:Court of Appeals of the State of New York

Date published: Feb 10, 1882

Citations

88 N.Y. 645 (N.Y. 1882)

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Syracuse Sav. Bk. v. S., C. N.Y.R.R. Co.

It cannot be doubted that a Special Term upon motion could, at any time prior to the appeal to the General…