Hendricks v. Isaacs
New York Supreme Court
Appeal from special term, Hew York county. Action by Mortimer Hendricks against Montefiore Isaacs, as administrator of Justina B. Hendricks, to recover certain moneys alleged to have been advanced to defendant’s intestate on pledge of her interest in the estate of one M. M. Hendricks, deceased. The referee allowed plaintiff’s claim in part, with costs, and defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
The question of‘the right of the plaintiff to maintain this proceeding and to recover therein seems to have been disposed of in the case of Hendricks v. Isaacs, 46 Hun, 239, and also by the case of Rohrbach v. Insurance Co., 62 N. Y. 47, It is therefore not necessary to discuss those points again. The only other question which remains to be considered arises upon the appeal from the order granting costs and extra allowance to the plaintiff. The right to costs seems to be governed by the provisions of the Revised Statutes, which provide that in these proceedings the court may adjudge costs as…
2Cases cited2 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Denise v. . DeniseNew York Court of Appeals · 1888
3Cited by2 opinions
- Hallock v. BaconNew York Supreme Court · 1892
- Dryer v. BrownNew York Supreme Court · 1890