Caldwell v. . Mutual Reserve Fund Life Association

New York Court of Appeals

Caldwell v. . Mutual Reserve Fund Life Association

61 N.E. 1128, 169 N.Y. 576, 7 Bedell 576, 1901 N.Y. LEXIS 816

New York Court of Appeals·Decided December 10, 1901·Published

Opinion

Per Curiam.

Motion denied, unless appellant pays to the respondent the costs and charges of keeping in force its undertaking, on appeal to the Appellate Division, from the date of the entry of the order reversing the judgment in that court to the date of the entry of an order in this court permitting the withdrawal of this appeal, together with costs and disbursements in this court to the time of such withdrawal ; in which case motion granted.

*577 In case the appellant complies with these conditions, the order, if not agreed upon by the parties, may be settled before Werner, J., upon five days’ notice.

Parker, Ch. J., Gray, Bartlett, Martin, Vann, Cullen and Werner, JJ., concur.

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Per Curiam.

Motion denied, unless appellant pays to the respondent the costs and charges of keeping in force its undertaking, on appeal to the Appellate Division, from the date of the entry of the order reversing the judgment in that court to the date of the entry of an order in this court permitting the withdrawal of this appeal, together with costs and disbursements in this court to the time of such withdrawal ; in which case motion granted.

*577 In case the appellant complies with these conditions, the order, if not agreed upon by the parties, may be settled before Werner, J., upon five days’ notice.

Parker, Ch. J., Gray, Bartlett, Martin, Vann, Cullen and Werner, JJ., concur.

Caldwell v. . Mutual Reserve Fund Life Association, 61 N.E. 1128, 169 N.Y. 576, 7 Bedell 576, 1901 N.Y. LEXIS 816 (N.Y. 1901).

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