First National Bank v. Fourth National Bank
New York Court of Appeals
This action was first tried before a referee, and from the judgment in favor of the plaintiff, entered upon the referee’s report, the defendant appealed to the general term of the supreme court of the first department, which affirmed the judgment with costs. The defendant then appealed to the court of appeals, and a new trial was ordered (see 77 N. Y., 320), with “ costs to abide the event.” Upon the second trial the plaintiff again succeeded.
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This action was first tried before a referee, and from the judgment in favor of the plaintiff, entered upon the referee’s report, the defendant appealed to the general term of the supreme court of the first department, which affirmed the judgment with costs. The defendant then appealed to the court of appeals, and a new trial was ordered (see 77 N. Y., 320), with “ costs to abide the event.” Upon the second trial the plaintiff again succeeded. The cleric taxed the costs of the first trial and of the appeals in favor of the plaintiff. Upon appeal from this taxation the court at special term,…
1Opinion of the CourtAndrews, J.
The plaintiff is entitled to tax the costs of the appeal to this court. The first judgment was reversed, with costs to abide the event. The event of the new trial Was the circumstance which was to determine which party *437should recover the costs of the appeal. The order did not limit the recovery of costs to the prevailing party on the appeal in case he should finally succeed in the action.
Appeals are often taken for technical errors which do not affect the merits, and although the appellant is successful, the effect of such appeals in many cases is simply to protract and increase the expense…
2Cases cited1 opinion
- Union Trust Company v. . WhitonNew York Court of Appeals · 1879
3Cited by11 opinions
- Durant v. AbendrothNew York Supreme Court · 1888
- Gordon v. KrellmanAppellate Division of the Supreme Court of the State of New York · 1926
- Miller v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1909
- Miller v. KingAppellate Division of the Supreme Court of the State of New York · 1898
- Lewitus v. SeccombCity of New York Municipal Court · 1930
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