Genet v. . Davenport
New York Court of Appeals
Appeal by George 0. Genet from order of the General . Term of the Supreme Court in the third judicial department, affirming an order of Special Term requiring said appellant to pay a judgment in favor of defendant for costs herein. This was an equity action brought to redeem cértain real estate. After the commencement of this action the said George C. Genet purchased of the plaintiff and took an assignment of the cause of action.
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Appeal by George 0. Genet from order of the General . Term of the Supreme Court in the third judicial department, affirming an order of Special Term requiring said appellant to pay a judgment in favor of defendant for costs herein. This was an equity action brought to redeem cértain real estate. After the commencement of this action the said George C. Genet purchased of the plaintiff and took an assignment of the cause of action. Upon the trial the complaint was dismissed, with costs. The General Term, upon appeal, modified the judgment, allowing plaintiff or assigns to redeem a specified…
1Opinion of the CourtFolger, J.
The facts show that George 0. Genet became the assignee of the claim of the plaintiff pending the litigation. If the plaintiff was cast in judgment for the costs, the assignee became liable for-them, or a part of them. (Code, § 321.) From an examination of the judgment of the referee, and the modification thereof by the General Term, and the subsequent order of the General Term on the motion to correct the judgment, I have no doubt - that it was the decision of the latter tribunal, that the defendant Daren port, retained his judgment against the plaintiff, for his costs. The General Term did…
2Cases cited3 opinions
- Columbian Insurance Co. v. . StevensNew York Court of Appeals · 1868
- Reade v. . WaterhouseNew York Court of Appeals · 1873
- Jordan v. SherwoodNew York Supreme Court · 1834
3Cited by2 opinions
- Hoefle v. American Laundry Machinery Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Olmstead v. KeyesNew York Supreme Court · 1885