First National Bank v. Fourth National Bank

New York Supreme Court

First National Bank v. Fourth National Bank

29 N.Y. Sup. Ct. 563

DecidedNovember 15, 1880

StatusPublished

This text of 29 N.Y. Sup. Ct. 563 (First National Bank v. Fourth National Bank) 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

First National Bank v. Fourth National Bank, 29 N.Y. Sup. Ct. 563 (N.Y. Super. Ct. 1880).

Pincite

Opinion

Pee Coeiam :

The Court of ¡Appeals reversed a judgment in the plaintiffs favor, with costs to abide the event.

The plaintiff, upon the second trial, having again prevailed, seeks to tax against the defendant the costs of the reversal. This he cannot dp. These costs were not awarded to him, but to the defendant, in case of the latter’s success upon the new trial. The following authorities are decisive of this question: Howell v. Van Siclen, 8 Hun, 524; affirmed, 70 N. Y., 595; Union Trust Co. v. Whiton, 17 Hun, 593; appeal to Court of Appeals dismissed, 78 N. Y., 491.

The orders appealed from should be affirmed, with $10 costs, and the disbursements of the appeal.

Present — Davis, P. 3., Beady and Baeeett, JJ.

Order affirmed, with $10 costs, and disbursements.

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