Legal Opinion

Reade v. Halpin

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 1917PublishedCited by 3 opinions

Appeal by the plaintiff, Helen Reade, from an order of the Supreme Court, made at the Schoharie Special Term and entered in the office of the clerk of the county of Rensselaer on the 13th day of July, 1917, denying her motion to strike out all the items of the bill of costs of the defendant Freeman H. Munson, and to vacate the taxation and retaxation of said costs and to modify the judgment accordingly.

1Opinion of the Court

Sewell, J.:

This action was brought to recover damages for malicious prosecution. All of the defendants appeared by the same attorney and united in an answer.' At the trial a verdict was rendered in favor of the defendant Freeman H. Munson, but the jury were unable to agree upon a verdict as to the other defendants. Judgment was entered dismissing the complaint on the merits as to that defendant and a full bill of costs was taxed against the plaintiff and included in the judgment. (See Reade v. Halpin, 180 App. Div. 157.)

The rule seems to be well settled that where the cause of action set out…

2Cases cited1 opinion

  1. Reade v. HalpinAppellate Division of the Supreme Court of the State of New York · 1917

3Cited by3 opinions

  1. Schmuckler v. GreenAppellate Division of the Supreme Court of the State of New York · 1937
  2. Brooklyn National Bank v. John J. Sullivan, Inc.Appellate Division of the Supreme Court of the State of New York · 1936
  3. Reade v. HalpinAppellate Division of the Supreme Court of the State of New York · 1917

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