Engberman v. North German Lloyd Steamship Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Taube Engberman against the North German Lloyd Steamship Company. Appeal by defendant from an order denying defendant’s motion for a retaxation of costs. Reversed.
1Opinion of the CourtFreedman, P. J.
Upon plaintiff’s failure to appear when the cause was regularly reached in its order upon the calendar and called for trial, the complaint, on defendant’s motion, was dismissed. Having been restored to the calendar upon defendant’s consent without the imposition of terms, the cause was tried upon the merits, and upon such trial the plaintiff succeeded. Upon the taxation of costs two trial fees were allowed to the plaintiff. The defendant moved for a retaxation, which was denied. From the order denying such motion the present appeal is taken. The order cannot be sustained. True, there are a…
2Cases cited18 opinions
- Gilroy v. BadgerAppellate Terms of the Supreme Court of New York · 1899
- Hamilton v. ButlerThe Superior Court of New York City · 1865
- Mott v. Consumers Ice Co.New York Court of Common Pleas · 1879
- Spring v. DayThe Superior Court of New York City · 1873
- Mora v. Great Western InsuranceThe Superior Court of New York City · 1863
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