Conway v. Farish-Stafford Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, The Farish-Stafford Company, that the Appellate Division, Second Department, pass on the facts herein, or that it incorporate in its order a recital that it had not done so, also that plaintiff should be directed to include in the case on appeal herein, to the Court of Appeals, the opinion of the Appellate Division and the order made on this application, and further that plaintiff should be directed to make a case in the Court of Appeals to include…
Read the full summary
Motion by the defendant, The Farish-Stafford Company, that the Appellate Division, Second Department, pass on the facts herein, or that it incorporate in its order a recital that it had not done so, also that plaintiff should be directed to include in the case on appeal herein, to the Court of Appeals, the opinion of the Appellate Division and the order made on this application, and further that plaintiff should be directed to make a case in the Court of Appeals to include all opinions rendered in this action by the courts at Special Term in relation to the question of law decided by the…
1Per curiam
The inclusion of opinions in the “ case ” on appeal to the Court of Appeals is governed by its rules and is to be enforced by a motion in that court and not here.
In view, however, of the peculiar circumstances changing the complaint from one to recover fifty per cent of the net profits due December 31,1909, to a complaint for a breach with damages for wrongful dismissah we think our order of reversal *670should be resettled, so that the order itself shall state why we did not pass upon the questions of fact embraced in the referee’s findings. Notwithstanding the pending appeal to the Court of…
2Cases cited2 opinions
- Birnbaum v. . MayNew York Court of Appeals · 1902
- Conway v. Farish-Stafford Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- Conway v. Farish-Stafford Co.Appellate Division of the Supreme Court of the State of New York · 1916