Higgins v. Starin

Appellate Division of the Supreme Court of New York

Higgins v. Starin

57 N.Y.S. 306, 39 A.D. 533

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 7, 1899

StatusPublished

This text of 57 N.Y.S. 306 (Higgins v. Starin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Higgins v. Starin, 57 N.Y.S. 306, 39 A.D. 533 (N.Y. Ct. App. 1899).

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Opinion

INGRAHAM, J.

We think this order should be affirmed upon the opinion of the court at special term. The only advantage that the respondent seems to have derived from the stipulation was the privilege of paying to the plaintiff $10 costs, which was to be offset against certain costs that the plaintiff had been required to pay to the respondent as a condition for the amendment of a complaint which was allowed by the order appealed from. It is difficult to see upon what principle this privilege of paying to the plaintiff $10 costs could be of any advantage to the defendant. The order, therefore, is affirmed, with $10 costs and disbursements.

PATTERSON and McLAUGHLIN, JJ., concur. VAN BRUNT, P. J., dissents.

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INGRAHAM, J.

We think this order should be affirmed upon the opinion of the court at special term. The only advantage that the respondent seems to have derived from the stipulation was the privilege of paying to the plaintiff $10 costs, which was to be offset against certain costs that the plaintiff had been required to pay to the respondent as a condition for the amendment of a complaint which was allowed by the order appealed from. It is difficult to see upon what principle this privilege of paying to the plaintiff $10 costs could be of any advantage to the defendant. The order, therefore, is affirmed, with $10 costs and disbursements.

PATTERSON and McLAUGHLIN, JJ., concur. VAN BRUNT, P. J., dissents.

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Bluebook (online)

57 N.Y.S. 306, 39 A.D. 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higgins-v-starin-nyappdiv-1899.