McCall v. Moschowitz
New York Court of Common Pleas
Appeal from an interlocutory judgment of this court entered on the report-of a referee. The action was brought to dissolve a co-partnership alleged to have been entered into between the plaintiff’s testator, James McCall, and the defendants. The business was that of dressmaking, in which the defendant Schamu M. Moschowitz is an expert.
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Appeal from an interlocutory judgment of this court entered on the report-of a referee. The action was brought to dissolve a co-partnership alleged to have been entered into between the plaintiff’s testator, James McCall, and the defendants. The business was that of dressmaking, in which the defendant Schamu M. Moschowitz is an expert. The action came on for trial at the Equity Term of this court, in April, 1882; and after three days had been occupied in such trial, the court, of its own motion, ordered a reference therein; and the referee who tried the case was agreed to by the parties,…
1Opinion of the Court
Bookstaver, J. — [After stating the facts as above.] —
Upon the argument, the appellants contended that the interlocutory judgment should be set aside, because, the main issue being as to whether or not there was a co-partnership, the action was not referable.
By section 1847 of the Code of Civil Procedure, an appeal from that order lay directly to the General Term. By -section 1351, the time for such appeal is limited to thirty days; and this appeal was not taken until more than two years after such limitation had expired, and was therefore too late.
But appellants contend that it is reviewable…
2Cases cited12 opinions
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- Camp v. . IngersollNew York Court of Appeals · 1881
- Mitchell's CaseNew York Court of Common Pleas · 1861
- Mulock v. MulockNew York Court of Chancery · 1831
- Cameron v. FreemanNew York Supreme Court · 1859
7 more not listed; retrieve them via the Exa API.
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- Williams v. LindblomNew York Supreme Court · 1893
- Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903