St. John v. Denison
New York Supreme Court
This is an application by defendant for costs against the plaintiff for not proceeding to trial pursuant to a notice to that effect. The plaintiff was appointed a receiver of the property and effects of Robert Gifford, a judgment debtor, by an order of the county judge of Oswego county. By a further order of the judge'he was authorized and directed, as such receiver, to prosecute this suit.
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This is an application by defendant for costs against the plaintiff for not proceeding to trial pursuant to a notice to that effect. The plaintiff was appointed a receiver of the property and effects of Robert Gifford, a judgment debtor, by an order of the county judge of Oswego county. By a further order of the judge'he was authorized and directed, as such receiver, to prosecute this suit. He commenced it accordingly, and, as appears by the affidavits in opposition to the motion now made for costs against him, noticed it in good faith for trial, but was prevented from proceeding to trial by…
1Opinion of the Court
Bacon, Justice.
A receiver under such circumstances is the officer of the court and comes within the same protection, and is in my judgment entitled to the same indulgence, as an executor or administrator prosecuting on behalf of an estate. Such parties prosecuting in good faith are exempt from costs for not proceeding to trial where a good reason is shown for not trying pursuant to notice or stipulation. (Purdy agt. Purdy, 5 Cow. 14.) And in Reeder agt. Seely (4 Cow. 548) it is decided that * one who sues, era autre droit, in good faith, though without proper ground, may discontinue without…
2Cases cited3 opinions
- Purdy v. PurdyNew York Supreme Court · 1825
- Phœnix v. HillNew York Supreme Court · 1808
- Reeder v. SeelyNew York Supreme Court · 1825