Price v. Western Distillery Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Anderson Price, as trusted of the Johnson Coffee Company, a bankrupt, against the Western Distillery Company, Incorporated. From an order, made at a Special Term of the City Court of the City of New York, striking out of the bill of costs the amount taxed for a copy of the stenographer’s minutes, plaintiff appeals. Reversed, and case remitted.
1Opinion of the CourtGiegerich, J.
According to the recitals in the order appealed from, the only papers which were before the court on posal of this motion were the affidavits of Herbert J. Hindes, the defendant’s attorney, and Charles L. Craig, the plaintiff’s attorney, and the bill of costs. In these papers the assertion of Mr. Craig that the minutes loaned him by Mr. Hindes were so marked and mutilated that it was unsafe for him to use them in the preparation of his amendments to the proposed case was not disputed. From all that is contained in this record there was nothing before the Special Term which justified it in…
2Cases cited9 opinions
- England v. GebhardtSupreme Court of the United States · 1884
- Koehler v. . HughesNew York Court of Appeals · 1896
- Ridabock v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Pratt v. ClarkAppellate Division of the Supreme Court of the State of New York · 1908
- Bremer v. Manhattan Railway Co.New York Supreme Court · 1906
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3Cited by1 opinion
- Parke, Davis & Co. v. RoudenAppellate Terms of the Supreme Court of New York · 1909