Central Trust Co. v. Pittsburgh, Shawmut & Northern Railroad
New York Court of Appeals
Appeal" from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 8, 1919, reversing an order of Special Term and .remitting the matter thereto for the taking of such further proof upon the questions involved as might be submitted by either party.. The nature of the controversy and the facts, so far as material, are stated in the opinion.
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Appeal" from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 8, 1919, reversing an order of Special Term and .remitting the matter thereto for the taking of such further proof upon the questions involved as might be submitted by either party.. The nature of the controversy and the facts, so far as material, are stated in the opinion. The orders appealed from are not final orders in an action or special proceeding and, therefore, are not appeal-able to this court. (Rudiger v. Coleman, 206 N. Y. 412; Jewelers' Mercantile Agency v.…
1Opinion of the CourtCardozo, J.
The facts in this controversy were fully stated in the opinion of the court on an earlier appeal (223 N. Y. 347). It is unnecessary to restate them now. At that time we had before us for review a question certified by the Appellate Division. The question was whether the Special Term had power to determine “ the priority of the receiver’s certificates, upon the motion and the papers before it, as against the first mortgage bondholders or their trustee named in the first mortgage.” We answered the question “ yes,” arid remitted the case' to the Appellate Division to proceed in accordance with…
2Cases cited8 opinions
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- Ex Parte SawyerSupreme Court of the United States · 1875
- People v. . PrioriNew York Court of Appeals · 1900
- Barkley v. New York Centrall & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Davis v. . CornueNew York Court of Appeals · 1896
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3Cited by4 opinions
- In re Association of the BarAppellate Division of the Supreme Court of the State of New York · 1928
- Weaver v. . Pacific Improvement Co.New York Court of Appeals · 1923
- Weaver v. Pacific Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Central Trust Co. v. Pittsburg, Shawmut & Northern RailroadNew York Court of Appeals · 1920