Bosworth v. Kinghorn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry B. Kinghorn and another, as administrators, etc., of Henry G. Fisk, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of March, 1904, upon the decision of the court rendered after a trial before the court without a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the 8th day of March, 1904, denying the…
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Appeal by the defendants, Henry B. Kinghorn and another, as administrators, etc., of Henry G. Fisk, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of March, 1904, upon the decision of the court rendered after a trial before the court without a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the 8th day of March, 1904, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
This appeal is from a judgment in favor of the plaintiff, entered after a trial by the court without a jury, and from an order denying a motion for a new trial. In a case like this there is no authority for a motion for a new trial on the minutes, An order denying it *188presents no question for review, and an appeal from such an order must be dismissed. (Rosenquest v. Canary, 27 App. Div. 30.)
The action was brought against the administrators of the estate of Henry G. Fisk, deceased, on two promissory notes, made by the firm of Fisk, Clark & Flagg, of which firm Henry G. Fisk was…
2Cases cited3 opinions
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Rosenquest v. CanaryAppellate Division of the Supreme Court of the State of New York · 1898
- Smith v. . HathornNew York Court of Appeals · 1882
3Cited by4 opinions
- Continental Savings & Building Ass'n v. WoodCourt of Appeals of Texas · 1930
- In re Wilde's SonsDistrict Court, S.D. New York · 1904
- Lusk v. SmithSupreme Court of Kansas · 1905
- Petsche v. MacDonaldAppellate Terms of the Supreme Court of New York · 1916