Davis v. Grand Rapids Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Grand Rapids Eire Insurance Company of Grand Rapids, Michigan, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 3d day of February, 1896, denying the defendant’s motion for a retaxation of costs in the action.
1Opinion of the Court
Ward, J. :
This was an action upon a fire insurance policy to recover for a loss. A verdict was rendered for the plaintiff, and on the 5th of November, 1895, the defendant obtained an order to show cause, returnable at Special Term, why a new trial should not be granted herein upon the ground of newly-discovered evidence, which motion was denied. Its order was based upon certain affidavits and upon a *37case containing exceptions as settled in the action and upon all papers and proceedings liad therein. The controversy arises over the taxation of costs in favor of the plaintiff. The clerk of Erie…
2Cases cited4 opinions
- Russell v. . RandallNew York Court of Appeals · 1890
- Bantheon v. MeierNew York Supreme Court · 1894
- Boyd v. BoydNew York Court of Common Pleas · 1895
- Atkinson v. TruesdellThe Superior Court of the City of New York and Buffalo · 1889
3Cited by11 opinions
- Altmark v. HaimowitzAppellate Terms of the Supreme Court of New York · 1907
- Bridenbecker v. BridenbeckerAppellate Division of the Supreme Court of the State of New York · 1902
- Brennan v. JolineAppellate Terms of the Supreme Court of New York · 1911
- Finkelstein v. GrodskyCity of New York Municipal Court · 1931
- Pease v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1910
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