Chambers v. Bacon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alexander S. Bacon, from an order of the Supreme Court, made at the Yew -York Special Term > and entered in the office of .the clerk of the county of Yew York ■ on the 27th day of June, 1912, as resettled by an order entered in said clerk’s office on the 9th day of September, 1912.
1Opinion of the Court
Scott, J.:
Appeal by defendant from an order denying his motion under' section 3247 of the Code of Civil Procedure, that the First Yational Bank of Durham, Y. C., be required. to pay ¿ judgment for costs rendered in favor of said defendant. The action, which was on a promissory note, was prosecuted by the plaintiff above named in behalf of the First Yational Bank of Durham, which, it is not denied, was at all times the beneficial owner of the note and cause of action and the party in whose behalf the action was prosecuted. Indeed, in 1906 the bank made a motion that as actual owner of the…
2Cases cited2 opinions
- Friedman v. Metropolitan Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Marvin v. . MarvinNew York Court of Appeals · 1879