Commercial Bank v. Foltz
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by the Commercial Bank against Moses Foltz and others. From an order settling issues to be tried by a jury, and from an order denying motion to amend the order, defendant Foltz appeals; and from an order denying defendant Benjamin Catto’s motion to correct an order denying plaintiff’s motion to strike out said Catto’s amended answer, and denying his motion to vacate another order, denying plaintiff’s motion to strike out said amended answer,…
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Appeal from special term. Action by the Commercial Bank against Moses Foltz and others. From an order settling issues to be tried by a jury, and from an order denying motion to amend the order, defendant Foltz appeals; and from an order denying defendant Benjamin Catto’s motion to correct an order denying plaintiff’s motion to strike out said Catto’s amended answer, and denying his motion to vacate another order, denying plaintiff’s motion to strike out said amended answer, said Catto appeals. Decision deferred.
1Per curiam
It having been conceded on the argument of these appeals that the issues of fact settled by the special term have been tried before a jury, and determined in favor of the plaintiff; that the trial has been completed before the special term, and a judgment of foreclosure upon the verdict of the jury and the decision of the special term has been entered, and the property sold; and that no appeal has been taken from the judgment,—the decision of these appeals should stand over until it -shall be determined whether ah appeal is taken from the final judgment. After that event either party has the…
2Cited by3 opinions
- Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1898
- Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1898
- Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1898