De Barante v. . Deyermand
New York Court of Appeals
This is an appeal from an order of the General Term, of the first district, affirming an order of the Special Term, made by Judge Caedozo, ordering the discontinuance of this action, without costs. The complaint alleges a cause of action against the defendant, as executor of one Coates, one of the former firm of Wait & Coates, for the sum of $3,100, had by that firm to the plaintiff’s use. The answer was a general denial, and a plea of the statute of limitations.
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This is an appeal from an order of the General Term, of the first district, affirming an order of the Special Term, made by Judge Caedozo, ordering the discontinuance of this action, without costs. The complaint alleges a cause of action against the defendant, as executor of one Coates, one of the former firm of Wait & Coates, for the sum of $3,100, had by that firm to the plaintiff’s use. The answer was a general denial, and a plea of the statute of limitations. The cause, being thus at issue, was referred to a referee, to hear and determine, and after one or two appointments, the plaintiff…
1Opinion of the CourtMason, J.
The first question which arises on this appeal, is whether an appeal will lie to this court from an order of the General Term affirming the order of the Special Term discontinuing this action, without costs.
The second subdivision of section 11 of the Code allows an appeal to this court from an- order affecting a substantial right made in an action, when such order in effect determines the action, and prevents a judgment from which an appeal might be taken or discontinues the action. (Code, § 11, sub. 2.) This order discontinues this action, and the only question in the case is whether it…
2Cited by21 opinions
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