Eastman v. Gray
New York Supreme Court
Appeal from special term, Yates county. Action by Charles L. Eastman against Emily H. Gray. From an order striking from the judgment the award of costs to defendant, defendant appeals. Affirmed.
1Opinion of the CourtBradley, J.
The action was brought against David G. Gray as maker, and the defendant Emily H. Gray as indorser, of a promissory note. The latter alone defended. Judgment by default was taken against the maker, with costs. The issue made by the answer of the other defendant was tried, and verdict was directed in her favor, upon which, without any direction of the court, judgment was entered for her costs, adjusted by the clerk. The question is whether she was, as of course, entitled to costs. The right of a party to costs is dependent upon the statute. The plaintiff was entitled to recover costs against…
2Cases cited2 opinions
- Allis v. . WheelerNew York Court of Appeals · 1874
- Daniels v. . LyonNew York Court of Appeals · 1854
3Cited by2 opinions
- Linn v. Nassau Electric R., New York County Courts1913
- Ljungquist v. HartmetzCity of New York Municipal Court · 1907