Miller v. Franklin
New York Supreme Court
Motion by the defendant that Nathan Randall pay the costs of this action, on the ground that he was the assignee of the demand for the recovery of which the suit was prosecuted, judgment having been rendered for the defendant for costs amounting to $518.91. The action was brought by the plaintiff against the defendant as sheriff of Chenango, to recover a penalty of $250, for making deliverance in an action of replevin after a claim of property, without first trying the…
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Motion by the defendant that Nathan Randall pay the costs of this action, on the ground that he was the assignee of the demand for the recovery of which the suit was prosecuted, judgment having been rendered for the defendant for costs amounting to $518.91. The action was brought by the plaintiff against the defendant as sheriff of Chenango, to recover a penalty of $250, for making deliverance in an action of replevin after a claim of property, without first trying the right. The cause was tried in May, 1834, and a verdict found for the plaintiff for the penalty. The circuit judge refused a…
1Opinion of the Court
By the Court, Bronson, J,
When one man, as assignee or as beneficially interested in the demand, brings an action in the name of another, he is liable for the costs which may be adjudged to the defendant; and is also bound to indemnify the plaintiff on record. 2 R. S. 619, § 44. 20 Johns. R. 475. 2 Cowen, 460. 18 Wendell, 672. 7 Id. 497. An assignee is liable to the defendant for costs, although the assignment is made pending the suit, if he afterwards proceeds in the action, Schoolcraft v. Lathrop, 5 Cowen, 17 ; and in such a case he takes the demand cum onere, and is liable for the costs…
2Cases cited1 opinion
- Jordan v. SherwoodNew York Supreme Court · 1834
3Cited by9 opinions
- Langley v. . WarnerNew York Court of Appeals · 1850
- Peck v. . YorksNew York Court of Appeals · 1878
- Bliss v. OtisCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wolcott v. . HolcombNew York Court of Appeals · 1865
- Taylor v. BolmerNew York Supreme Court · 1846
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