Hackett v. . Belden
New York Court of Appeals
Appeal from judgment of General Term of the Supreme Court in the fourth department, affirming a judgment in favor of the plaintiff entered upon the report of a referee. The action was brought by Richard Hackett and Lawrence Hackett, as copartners,to recover for a quantity of high wine barrels and judgment recovered therein by them against the defendant on the 1st of July, 1868, for $3,726.78 damages and costs.
Read the full summary
Appeal from judgment of General Term of the Supreme Court in the fourth department, affirming a judgment in favor of the plaintiff entered upon the report of a referee. The action was brought by Richard Hackett and Lawrence Hackett, as copartners,to recover for a quantity of high wine barrels and judgment recovered therein by them against the defendant on the 1st of July, 1868, for $3,726.78 damages and costs. From this judgment an appeal was taken by the defendants to the General Term. Pending this appeal, and on the 9th of February, 1869, Richard Hackett, one of the plaintiffs, in his…
1Opinion of the CourtRapallo, J.
USTo appeal to this court having been taken from the order substituting Gertrude A. Hackett as plaintiff, it cannot be reviewed here unless it is an “ intermediate order involving the merits and necessarily affecting the judgment.” (Code, § 11, subd. 1.)
The order in question related to matters arising subsequently to the rendition of the judgment from which an appeal to the General Term was pending. The only question at that time before the Supreme Court for adjudication, was whether any error of fact or of law had been committed in rendering the judgment appealed from. The substitution of…
2Cases cited2 opinions
- Brookman v. . HamillNew York Court of Appeals · 1871
- Wilkins v. . EarleNew York Court of Appeals · 1871
3Cited by3 opinions
- Chapman v. . GatesNew York Court of Appeals · 1873
- Delaney v. . BrettNew York Court of Appeals · 1872
- Bigelow v. . DavolNew York Court of Appeals · 1896