Herpe v. . Herpe
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the. Supreme Court in the first judicial department, entered May 23, 1916, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term so far as appealed from. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the. Supreme Court in the first judicial department, entered May 23, 1916, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term so far as appealed from. The nature of the action and the facts, so far as material, are stated in the opinion. In an equitable action the awarding of costs is within the discretion of the trial court and when that discretion is once exercised, that court cannot afterwards amend its decision in that respect. (Kiernan v. Agricultural Ins. Co., 3 App. Div. 26; Barnes…
1Opinion of the CourtCollin, J.
The action, commenced May 20, 1915, was in equity to secure a judgment impressing a trust upon and adjudging the payment to the plaintiff of a sum of money deposited with the German Savings Bank of Brooklyn, the appellant, by Isidor Herpe in the name of I. Herpe in trust for Jennie Herpe, the respondent. Isidor was a defendant in the action and defaulted in appearance and pleading. The bank by an answer raised issues of fact and alleged, as a setoff, the recovery by it on February 5, 1915, of a judgment against the plaintiff in the sum of. sixty dollars and twelve cents, as costs, in an…
2Cases cited12 opinions
- Gagnon v. United StatesSupreme Court of the United States · 1904
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Stannard v. . HubbellNew York Court of Appeals · 1890
- Heath v. New York Building Loan Banking Co.New York Court of Appeals · 1895
- Ungrich v. UngrichNew York Court of Appeals · 1911
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3Cited by196 opinions
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- Rosen Trust v. RosenAppellate Division of the Supreme Court of the State of New York · 1976
- Cupo v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1951
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