Thorn v. . Beard
New York Court of Appeals
. Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 28, 1893, which affirmed an order of Special Term denying a motion to charge Peter B. Hayt with the costs and disbursements of this action. On the 3d day of January, 1888, William I. Thorn, being indebted to Peter D. Hayt, for the purpose of securing the payment of the indebtedness, assigned to him a demand which he claimed to have against the defendant, Oliver T. Beard.
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. Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 28, 1893, which affirmed an order of Special Term denying a motion to charge Peter B. Hayt with the costs and disbursements of this action. On the 3d day of January, 1888, William I. Thorn, being indebted to Peter D. Hayt, for the purpose of securing the payment of the indebtedness, assigned to him a demand which he claimed to have against the defendant, Oliver T. Beard. Thereafter, in May, 1889, Thorn commenced an action against Beard upon his demand, and in November, 1889, lie recovered…
1Opinion of the CourtEarl, J.
Section 3247 provides as follows: “ Where an action is brought in the name of another by a transferee of the cause of action, or by any other person, who is beneficially interested therein; or where, after the commencement of an action, the cause of action becomes, by transfer or otherwise, the property of a person not a party to the action, the transferee, or other person so interested, is liable for costs in the like cases, and to the same extent as if he was the plaintiff; and where costs are awarded against the plaintiff the court may, by order, direct the person so liable to pay them.”
So…
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