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, discontinuing this action without costs. The complaint alleged a cause of action against the defendant, as executor of Charles Coates, deceased, one of the 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, discontinuing this action without costs. The complaint alleged a cause of action against the defendant, as executor of Charles Coates, deceased, one of the 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 was referred to a referee to hear and determine, and, after one or two appointments, the defendant’s attorney made known to the plaintiff’s counsel, that he…
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 eleven of the Code allows an appeal to this court, from an order affecting a substantial right nlade 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, subd. 2). This order discontinues the action, and the only question in the case is, whether…
2Cases cited4 opinions
- Hoyt v. United StatesSupreme Court of the United States · 1850
- Staiger v. SchultzNew York Court of Appeals · 1867
- Ludlow v. HackettNew York Supreme Court · 1820
- Butler v. MorrisThe Superior Court of New York City · 1857
3Cited by3 opinions
- Agar v. TibbettsNew York Supreme Court · 1890
- Tubbs v. HallNew York Court of Common Pleas · 1871
- Wenzel v. MurphyNew York Marine Court · 1876