Droege v. Baxter
Appellate Division of the Supreme Court of the State of New York
Appeal by Albert Reitman, a judgment creditor of Isidor Henry, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of New York on the 6th day of September, 1902, directing said judgment creditor to pay the costs of the action to the defendants’ attorney.
Read the full summary
Appeal by Albert Reitman, a judgment creditor of Isidor Henry, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of New York on the 6th day of September, 1902, directing said judgment creditor to pay the costs of the action to the defendants’ attorney. The appellant, Albert Reitman, was directed by the order appealed from to pay costs in an action brought by Otto H. Droege, as receiver, in his behalf as a creditor of Isidor Henry against the defendants. Reitman was a judgment creditor of Henry and instituted…
1Opinion of the Court
O’Brien, J.:
The appellant’s first point is that the order appealed from is not authorized by section 3247 of the Code of Civil Procedure, which provides that “ where an action is brought in the name of another by a * * * person who is beneficially interested therein * * * the * * * person so interested is liable for costs, * * * and * * * the court may by order direct the person so liable to pay them.” The appellant argues that in such a case the action must be begun and conducted under the direction of such person, and that here the action was conducted and brought by the receiver in the…
2Cases cited1 opinion
- Ward v. . RoyNew York Court of Appeals · 1877
3Cited by1 opinion
- Nelligan v. GrothAppellate Division of the Supreme Court of the State of New York · 1908