Townsend v. Hendricks
New York Court of Appeals
This was an appeal from an order of the general term of the superior court of the city of New York, affirming an order of reference.
Read the full summary
This was an appeal from an order of the general term of the superior court of the city of New York, affirming an order of reference. The complaint alleged that the defendants were manafacturers and dealers in copper, in New York city; that in the month of January, 1869, the plaintiff applied to them to purchase for him 100,000 pounds Ingot copper at the market price; that on same day, they informed him that they had purchased the copper to be paid for, February 15th, 1869; that relying on. this representation, he delivered to them, as part payment, two bonds of the value of $2,000, accepted…
1Opinion of the CourtRapallo, J.
The respondent moved to dismiss the appeal on the ground that the order is not appealable. The motion to dismiss was argued in conjunction with the appeal, and should be first disposed of.
It is conceded that such an order could not be reviewed on appeal to this court before judgment, under the provisions of section 11, of the Code, as they stood prior to the amendment of 1870.
That section originally enacted, conferred upon this court exclusive jurisdiction to review upon appeal every actual determination of certain courts.
(1.) In a judgment, and on such appeal to review certain intermediate…
2Cases cited2 opinions
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Tabor v. GardnerNew York Court of Appeals · 1869
3Cited by28 opinions
- Welsh v. . DarraghNew York Court of Appeals · 1873
- Durwood v. DubinskySupreme Court of Missouri · 1956
- Walsh v. SchulzNew York Court of Common Pleas · 1884
- Huston v. WadsworthSupreme Court of Colorado · 1880
- Barkers Creek Coal Co. v. Alpha-Pocahontas Coal Co.West Virginia Supreme Court · 1924
23 more not listed; retrieve them via the Exa API.