Cole v. Lowery
New York Court of Common Pleas
Action by Cyrus Cole and Charles E. Cole, comprising the firm of Cyrus Cole & Co., against Lowery and others, sureties on the bond of John C. Nobis, assignee for benefit of creditors of Charles Nobis. Complaint dismissed. Defendant Lowery moved to retax costs.
1Opinion of the CourtGeecebich, J.
This cause came regularly on the calendar of this court for trial at a trial term held on the 14th day of November, 1892, and' upon the failure of the plaintiffs to appear the complaint was dismissed. Thereafter, on the plaintiffs’ motion, their default was opened, and the case set down for trial for the January term. No costs were imposed as a condition of the opening of the default. When the case was again reached for trial a jury was waived, and a trial was had on February 20, 1893, which resulted in a dismissal of the complaint. The defendant Lowery sought to tax two trial fees, but the…
2Cases cited3 opinions
- Mora v. Great Western InsuranceThe Superior Court of New York City · 1863
- Dodd v. CurryNew York Supreme Court · 1849
- Van Gelder v. HallenbeckNew York Supreme Court · 1888
3Cited by1 opinion
- Engberman v. North German Lloyd Steamship Co.Appellate Terms of the Supreme Court of New York · 1903