Hughes v. Breakwater Co. 214 N.Y. 707

James E. Hughes, Respondent, v. The Breakwater Company, Appellant.

(Argued April 12, 1915;

decided April 20, 1915.)

Reported below, 163 App. Div. 943.

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 25, 1914, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover a balance alleged to be due for services.

The motion was made upon the ground that pending the appeal the defendant had been adjudged bankrupt; *708that the appeal was not taken or authorized by the trustee in bankruptcy hut was taken by the surety upon the undertaking given on appeal to the Appellate Division, in the defendant’s name.

Horace L. Cheyney for motion.

Gordon S. P. Kleeberg opposed.