Hinckley v. Schwarszchild and Sulzberger Company
Sylvester B. Hinckley, Appellant, v. Schwarszchild and Sulzberger Company Et Al., Respondents
Hinckley v. Schwarszchild & Sulzberger Co., 86 N.E. 1125 (N.Y. 1908)
Summary
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 1, 1905, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action to restrain the defendant from issuing preferred stock.
The motion was made under section 1298 of the Code of Civil Procedure upon the ground that the appellant had died, and that no order of substitution had been made within three months.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Motion granted and appeal dismissed, with costs and ten dollars costs of motion.
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