Bliss v. Otis
Court for the Trial of Impeachments and Correction of Errors
Motion on behalf of the defendant that C. Dewitt, who was alleged to he the person beneficially interested in the recovery of the demand for which this suit is brought, and who is the plaintiffs’ attorney thereon, pay the defendant’s costs, judgment having passed against the plaintiffs. The action was assumpsit, commenced by declaration.
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Motion on behalf of the defendant that C. Dewitt, who was alleged to he the person beneficially interested in the recovery of the demand for which this suit is brought, and who is the plaintiffs’ attorney thereon, pay the defendant’s costs, judgment having passed against the plaintiffs. The action was assumpsit, commenced by declaration. On the copy served on the defendant the'plaintiffs’ attorney had endorsed a notice, that he was the proper and lawful assignee of all claims and demands which the plaintiffs had against the defendant, and that he alone was authorized to compromise and settle…
1Opinion of the Court
By the Court, Beardsley, J.
Mr. Dewitt had an interest in the demand in suit, and was therefore liable for costs if the action'was brought by him as a “ person beneficially interested, in the recovery.” The statute is direct to this point. It declares, not only that the assignee shall be liable, but also “ any person beneficially interested in the recovery.” (2 R. S. 619, § 44; Whitney v. Cooper, 1 Hill, 629; Miller v. Franklin, 20 Wend. 630.) It is denied, however, by Mr. Dewitt, that the action was brought by him as a party interested, and he insists that he proceeded upon his retainer as an…
2Cases cited1 opinion
- Miller v. FranklinNew York Supreme Court · 1839
3Cited by7 opinions
- Giles v. . HalbertNew York Court of Appeals · 1854
- Voorhees v. . McCartneyNew York Court of Appeals · 1873
- Gallation v. SmithNew York Supreme Court · 1875
- Giles v. . HalbertNew York Court of Appeals · 1854
- Giles v. HalbertNew York Supreme Court · 1850
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