Clark v. Corwin

New York Supreme Court

Clark v. Corwin

15 N.Y.S. 618, 39 N.Y. St. Rep. 784, 1891 N.Y. Misc. LEXIS 77

DecidedJuly 2, 1891

StatusPublished

This text of 15 N.Y.S. 618 (Clark v. Corwin) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Corwin, 15 N.Y.S. 618, 39 N.Y. St. Rep. 784, 1891 N.Y. Misc. LEXIS 77 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Dykman, J.

This is an appeal from an order allowing the plaintiff to tax costs in this action against the executors. The action was upon a promissory note, and the defense was that the name of James Corwin, which appeared upon the note, was a forgery. Corwin is dead, and his executors were made defendants in the action with Wheeler, the other maker, who is alive. The claim was presented to the counsel for the executors, and rejected, arid sufficient was stated by him at the time to constitute a refusal to refer. It is unnecessary to determine whether the claim was unreasonably resisted, as the refusal to refer was sufficient to justify the imposition of costs. The order should therefore be affirmed, with $10 costs and disbursements.

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Dykman, J.

This is an appeal from an order allowing the plaintiff to tax costs in this action against the executors. The action was upon a promissory note, and the defense was that the name of James Corwin, which appeared upon the note, was a forgery. Corwin is dead, and his executors were made defendants in the action with Wheeler, the other maker, who is alive. The claim was presented to the counsel for the executors, and rejected, arid sufficient was stated by him at the time to constitute a refusal to refer. It is unnecessary to determine whether the claim was unreasonably resisted, as the refusal to refer was sufficient to justify the imposition of costs. The order should therefore be affirmed, with $10 costs and disbursements.

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Bluebook (online)

15 N.Y.S. 618, 39 N.Y. St. Rep. 784, 1891 N.Y. Misc. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-corwin-nysupct-1891.