Thorn v. Beard
New York Supreme Court
Appeal from special term, Dutchess county. Action by Mary Thorn against Oliver T. Beard. Judgment for defendant for costs. Prom the denial of defendant’s motion that Peter B. Hayt, to whom the claim sued on had been assigned as collateral security, should be ordered to pay the costs, defendant appeals.
1Opinion of the CourtPratt, J.
Motion to make an assignee of a claim in suit pay costs. It was held in the case of Peck v. Yorks, 75 N. Y. 421, that an assignment of a cause of action, made simply as collateral to an indebtedness of the assignor to the assignee, is not such a transfer as makes the assignee liable for costs, under the provisions of the old Code of Practice (section 321,) and this rule has been adhered to ever since. It is true the Code was reenacted and amended by substituting section 3247 of the new Code of Civil Procedure in place of section 321 of the old Code, yet in respect to this matter the latter…
2Cases cited1 opinion
- Peck v. . YorksNew York Court of Appeals · 1878
3Cited by1 opinion
- Samuels v. Austin Fire Insurance of DallasAppellate Division of the Supreme Court of the State of New York · 1916