Waring v. Baret
New York Supreme Court
Wallis moved for a rule that the attorneys for the plaintiff pay the defendant $100, being a part of his costs which had been taxed m this cause, and that John Brady pay the balance. The suit was instituted upon a promissory note, negotiable, executed by the defendant to the plaintiff, who, at the time >of the commencement of the suit, and ever since, resided without this state, and no security for costs had been filed.
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Wallis moved for a rule that the attorneys for the plaintiff pay the defendant $100, being a part of his costs which had been taxed m this cause, and that John Brady pay the balance. The suit was instituted upon a promissory note, negotiable, executed by the defendant to the plaintiff, who, at the time >of the commencement of the suit, and ever since, resided without this state, and no security for costs had been filed. The note was assigned to'Brady, for whose benefit this suit was prosecuted. On the trial, the defendant proved payment and had a verdict, and his costs were taxed at $176 57.…
1Opinion of the Court
Curia.
It is enough to subject the attorneys to the costs, that the nominal plaintiff was a non-resident of the state at the commencement of the suit. By the rule referred to, their liability is confined to 100 dollars. We grant the rule that they pay this sum; and that Brady pay the balance.(a)
Rule : On filing affidavits in this cause, by which it appears that the plaintiff is a non-resident of the state of New York, and that he was such non-resident at the time of the commencement of this suit, and that this suit was prosecuted for the benefit of J. Brady, the assignee of the note on which…
2Cases cited1 opinion
- Troup v. Executors of SmithNew York Supreme Court · 1822
3Cited by6 opinions
- Lyon v. StanfordSupreme Court of New Jersey · 1886
- Scott v. JohnSupreme Court of Alabama · 1849
- Hiscock v. TuckAppellate Division of the Supreme Court of the State of New York · 1907
- Metropolitan Addressing & Mailing Co. v. GoodenoughThe Superior Court of the City of New York and Buffalo · 1891
- Miles v. ClarkeThe Superior Court of New York City · 1859
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