Merceron v. Fowler
The Superior Court of New York City
Appeal by third party from order directing the payment, by him, of costs recovered by defendant. The facts are stated in the opinion.
1Opinion of the Court
By the Court.—Sedgwick, Ch. J.
To justify the order appealed from it was necessary to show that the appellant had brought the action in the name of another, and that he was beneficially interested in the recovery (2 R. S. 619, § 44). There was no doubt that lie was beneficially interested in the recovery, within the meaning of the statute. On the other hand, there was no doubt that he had not interfered with the progress of the action after it was begun. -He had not specifically _ directed any proceeding, nor had been consulted at any stage; nor had he furnished money for the action. The…
2Cases cited4 opinions
- Giles v. . HalbertNew York Court of Appeals · 1854
- Bliss v. OtisCourt for the Trial of Impeachments and Correction of Errors · 1845
- Voorhees v. . McCartneyNew York Court of Appeals · 1873
- Wheeler v. WrightNew York Supreme Court · 1862