Reynolds v. Aetna Life Insurance
New York Supreme Court
Motion to resettle the judgment on the remittitur from the Court of Appeals, so that the respondents shall get only one bill of costs instead of one each. The remittitur reads that the judgment appealed from is affirmed and that “ the respondents recover against the appellants costs of appeal to this court.”
1Opinion of the Court
Gaynor, J.:
In Van Gelder v. Van Gelder (84 N. Y. 658) it was held that “ costs to the respondents ” in the remittitur meant only one bill of costs for all of the respondents. But there the respondents seem to have been united in interest, or at. least, their several interests were germain to the main issue. Was that the case here?. The insurance company defendant here concededly owed the amount of a life insurance policy. ' The plaintiff claimed it, as did also two others. The plaintiff therefore brought this suit in equity against the insurance company and the said two other claimants,…
2Cases cited1 opinion
- Van Gelder v. Van GelderNew York Court of Appeals · 1881
3Cited by5 opinions
- Brown v. Fidelity Union Trust Co.New Jersey Court of Chancery · 1939
- In re the City of New YorkNew York Supreme Court · 1909
- Miller v. Woodbury Trust CompanyNew Jersey Superior Court Appellate Division · 1949
- In re Saunders' EstateNew York Surrogate's Court · 1914
- In re the Appraisement & Determination of Tax Under Tax Law & Acts in Relation to Taxable Transfers of Property of the Property of SaundersNew York Surrogate's Court · 1914