M'Hench v. M'Hench
New York Supreme Court
Costs against a party in interest. John Percy, having a judgment against Andrew M’Hench, filed a creditors bill, against him in tfyp court of chancery; and such proceedings were had that Robert D. Watson was appointed receiver.
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Costs against a party in interest. John Percy, having a judgment against Andrew M’Hench, filed a creditors bill, against him in tfyp court of chancery; and such proceedings were had that Robert D. Watson was appointed receiver. Watson,, the receiver, by the direction and for the benefit of Percy, brought a suit in this coiirt against James M’Hench, in the nam,e of Andrew M’Hench, to recover a debt alleged to be ¡due to Andrew from James, and which debt had passed by the assignment of Andrew to the receiver. The suit failed, and costs to the amount of $82,76 were adjudged to the defendant…
1Opinion of the Court
By the Court,
Bronson, Ch. J.
Although there may have been a common feeling between the parties to the record in *205favor of defeating the .action, there is no proof that they did any improper act to bripg about that result. This, then, is substantially the common case .of one man suing for his own benefit in the name of another, whp, ip case he is defeated, must pay the defendant’s costs. The statute gives the remedy by attachment not only against “ an assignee,” but against any person beneficially interested in the recovery in such action.” (2 R. S. 619, § 44; Colvard v. Oliver, 7 Wend. 497.)…
2Cases cited3 opinions
- Colvard v. OliverNew York Supreme Court · 1832
- Miller v. FranklinNew York Supreme Court · 1839
- Canby v. RidgwaySupreme Court of Pennsylvania · 1808