Stoddard v. Bell & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George S. Stoddard, from an interlocutory judgment of the Supreme Court in favor of the defendant, Bell .& Company, Incorporated, entered in the office of the clerk of the county of Hew York on the 2d day of July, 1904, upon the decision of the court, rendered after a trial at the Hew York Special Term, sustaining the said defendant’s demurrer to the plaintiff’s complaint, and also from an order entered in said clerk’s office, on the 27th day of…
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Appeal by the plaintiff, George S. Stoddard, from an interlocutory judgment of the Supreme Court in favor of the defendant, Bell .& Company, Incorporated, entered in the office of the clerk of the county of Hew York on the 2d day of July, 1904, upon the decision of the court, rendered after a trial at the Hew York Special Term, sustaining the said defendant’s demurrer to the plaintiff’s complaint, and also from an order entered in said clerk’s office, on the 27th day of June, 1904, sustaining the said demurrer.
1Opinion of the Court
Laughlin, J.:
The basis for the interlocutory judgment' appears to be an order instead of a decision, which it should be, although it is signed by the *391justice who tried the issue. Even if it can be construed as a decision, it is not appealable. ,
It is alleged in the complaint that Bell & Co. is a Hew Jersey •corporation, and succeeded to the business of a Hew York firm of the same name, the members of the old firm taking all the stock issued except one share issued to another party to qualify him for the office of director, and this share was in fact owned by the •defendant Dodge; that only…
2Cited by3 opinions
- Muttart v. MuttartAppellate Terms of the Supreme Court of New York · 1905
- Seitz v. MichelSupreme Court of Minnesota · 1918
- Vincent v. StearnsAppellate Terms of the Supreme Court of New York · 1905