Legal Opinion

Loring v. Morrison

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

Decided January 15, 1898PublishedCited by 4 opinions

Appeal by the defendants, Alexander E. Morrison and another, from an order of the County Court of Orange county, entered in the office of the clerk of the county of Orange on the 12th day of November, 1897, denying the defendants’ motion for a review of the taxation of the costs taxed in favor of the plaintiff.

1Opinion of the Court

"Willard Bartlett, J.:

When the Appellate Division granted a new trial of this action it directed that the costs should abide the event. (Loring v. Morrison, 15 App. Div. 498.) That direction meant that the party who succeeded upon the new trial should have the costs of the appeal to this court. A motion to resettle our order, so as to give costs only to the defendants in case they should he successful, was denied, and the correctness or propriety of the direction as to costs is not open for consideration upon the present appeal.

On the last trial the plaintiff recovered judgment in the sum of…

2Cases cited1 opinion

  1. Loring v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by4 opinions

  1. D'Aprile v. Turner-Looker Co.Appellate Division of the Supreme Court of the State of New York · 1924
  2. In re the Estate of RyderNew York Surrogate's Court · 1935
  3. Joseph Ullmann Brokerage Corp. v. ZimbalCity of New York Municipal Court · 1952
  4. Weber Chimney Co. v. RileyNorth Dakota Supreme Court · 1918

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