Conger v. Hudson River Railroad
The Superior Court of New York City
Appeal from an order directing .an attachment to issue against O. S. Williams and H. G. Everett, to collect the costs of the defendants, adjudged to be paid to them upon a dismissal of the complaint. The action was commenced by three plaintiffs, Conger, Barker, and Radclifif, on the 26th of April, 1854, on a demand belonging to the plaintiffs, in the proportions of one fourth to Conger, one half to Barker, and one fourth to Radcliff.
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Appeal from an order directing .an attachment to issue against O. S. Williams and H. G. Everett, to collect the costs of the defendants, adjudged to be paid to them upon a dismissal of the complaint. The action was commenced by three plaintiffs, Conger, Barker, and Radclifif, on the 26th of April, 1854, on a demand belonging to the plaintiffs, in the proportions of one fourth to Conger, one half to Barker, and one fourth to Radcliff. The appellants, Williams and Everett, being liable to other persons as sureties for Barker, they took from him in June, 1855, the following assignment, as…
1Opinion of the Court
By the Court.*—Hoffman, J.
—Section 321 of the Code provides, that in actions in which the cause of action shall, by assignment after the commencement of the action, or- in any other manner, become the property of a person not a party to the action, such person shall be liable for the costs, in the same manner as if he were a party, and payment thereof may be enforced by attachment.
The liability then of- any one who acquires the property in the subject of the action, after its commencement, cannot be greater than if he were the original party who instituted the suit. Section 317 is then…
2Cases cited1 opinion
- Cunningham v. M'GregorThe Superior Court of New York City · 1856
3Cited by1 opinion
- Felt v. DorrNew York Supreme Court · 1883