Legal Opinion

McHarg v. Donelly

New York Supreme Court

Decided May 3, 1858PublishedCited by 4 opinions

APPEAL, by the Mechanics and Farmers’ Bank of Albany, from an order made at a special term, by Justice Harris, charging it with one half of the defendant’s costs in this action, recovered against the plaintiff therein. The essential facts are stated in the opinion of the court.

1Opinion of the Court

By the Court, Hogeboom, J.

It affirmatively and conclusively appeal’s that the Mechanics and Farmers’ Bank, although plaintiffs in one of the judgments against Joseph Clinton, upon which supplementary proceedings were instituted, which resulted in the appointment of the plaintiff as receiver, were never in fact concerned in said supplementary proceedings, nor instrumental in obtaining the appointment of said receiver, nor in any way connected with, or authorizing, or directing this suit or the prosecution thereof. They cannot, therefore, be chargeable with the costs of the action, upon the…

2Cases cited2 opinions

  1. Wilson v. AllenNew York Supreme Court · 1849
  2. Porter v. Williams & ClarkNew York Supreme Court · 1850

3Cited by4 opinions

  1. Ward v. . RoyNew York Court of Appeals · 1877
  2. La Follett v. AkinIndiana Supreme Court · 1871
  3. Greenwood v. MarvinNew York Supreme Court · 1887
  4. McCarthey v. WrightNew York Supreme Court · 1890

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