Burhans v. Blanchard
Court for the Trial of Impeachments and Correction of Errors
Motion on behalf of the defendant for leave to enter up judgment against the plaintiff personally for costs, and that they be doubled, the defendant being sued as a public officer. The suit was in assumpsit against the defendant, who was described as late surrogate of the county of Albany, upon promises to the plaintiff as executor, for money had and received by the defendant, for the use of the plaintiff as such executor.
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Motion on behalf of the defendant for leave to enter up judgment against the plaintiff personally for costs, and that they be doubled, the defendant being sued as a public officer. The suit was in assumpsit against the defendant, who was described as late surrogate of the county of Albany, upon promises to the plaintiff as executor, for money had and received by the defendant, for the use of the plaintiff as such executor. The claim set up on the trial of the cause, was for certain moneys which came to the hands of the defendant as surrogate, arising from the sales of lands of the testator…
1Opinion of the Court
By the Court, Beardsley, J. •
The general statute under which a successful defendant recovers costs, does not give them "against executors or administrators, necessarily prosecuting in the right of their testator or intestate, unless upon special application the court shall award costs against them, for wantonly bringing any suit, or for unnecessarily suffering a nonsuit or non pros, or for bad faith in bringing or conducting the cause.” *627(2 R. S. 615, § 17.) Neither of the special grounds on which costs may by awarded- under this section is alleged to exist in this case, and the motion is…
2Cases cited2 opinions
- Administrators of Tilton v. WilliamsNew York Supreme Court · 1814
- Palmer v. PalmerNew York Supreme Court · 1830
3Cited by4 opinions
- Buckland v. . GallupNew York Court of Appeals · 1887
- Mullen v. GuinnNew York Supreme Court · 1895
- Bedell v. BarnesNew York Supreme Court · 1883
- Hood v. HoodNew York Court of Common Pleas · 1883