Slauson v. . Watkins
New York Court of Appeals
Appeal by defendant, Lndington, from an order of the General Term of the Superior Court of the city of New York, which affirmed an order of Special Term directing Ludington to pay the costs recovered by Watkins against plaintiff. The nature of the action and the facts so far as material are stated in the opinion.
Read the full summary
Appeal by defendant, Lndington, from an order of the General Term of the Superior Court of the city of New York, which affirmed an order of Special Term directing Ludington to pay the costs recovered by Watkins against plaintiff. The nature of the action and the facts so far as material are stated in the opinion. Where the substantive right of action exists in and is owned by the person in whose name an action is brought, no other person, whatever part he may have taken in the prosecution, can be made liable for costs. (Mercelon v. Fowler, Superior Ct. R.; Miller v. Franklin, 20 Wend. 630.)…
1Opinion of the CourtAndrews, J.
The evidence though conflicting justifies the conclusion that Ludington advised and procured the bringing of the action, employed the attorney, furnished to a great ex- . tent the means to carry it on, and generally directed and controlled the proceedings. The purpose of the- action was to compel the defendant Watkins, who by agreement with Mrs. Slauson had assumed to pay her mortgage .to Ludington, specifically to perform his agreement, and Ludington was joined as a party defendant, but was not served with process, nor did he appear in the action. The cause of action, if any-existed, was in…
2Cases cited3 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Slauson v. . WatkinsNew York Court of Appeals · 1881
- Giles v. . HalbertNew York Court of Appeals · 1854
3Cited by5 opinions
- Nelligan v. GrothAppellate Division of the Supreme Court of the State of New York · 1908
- In re Stiles' EstateNew York Surrogate's Court · 1888
- Block v. ProppNew York Supreme Court · 1939
- Peetsch v. QuinnNew York Court of Common Pleas · 1895
- Metropolitan Addressing & Mailing Co. v. GoodenoughThe Superior Court of the City of New York and Buffalo · 1891