Fraser v. Ward
New York Court of Common Pleas
Appeal from an order of the General Term of the City Court of New York affirming an order of that court directing the repayment by defendant’s attorney of a sum of money paid to him by the clerk under a previous order of the court. The facts are stated in the opinion.
1Opinion of the CourtBookstaver, J.
The plaintiff commenced this action in the City Court to recover $800 for money loaned. The de*432fendant resisted on the ground that the action was prematurely brought, the loan not being due, and in this contention was successful, recovering judgment against the plaintiff for $270.64 costs.
Subsequently, and when the loan became due, a second action for the same cause was commenced by the plaintiff in the same court. Plaintiff being a non-resident of the city, the defendant obtained an order in the usual form, requiring him to file security for costs. In compliance with this order plaintiff's…
2Cases cited5 opinions
- Langley v. . WarnerNew York Court of Appeals · 1850
- Dunlop v. . Patterson Fire Insurance Co.New York Court of Appeals · 1878
- Salter v. WeinerNew York Supreme Court · 1858
- The Commercial Warehouse Co. v. . GraberNew York Court of Appeals · 1871
- Wilmerdings Mount v. . FowlerNew York Court of Appeals · 1873