In re Bainbridge
New York Supreme Court
APPEAL by the defendants in an action brought by Richard Bainbridge, now deceased, in his lifetime, against Charles P. Livermore and others, from an order made at a Special Term, granting , a motion made by Henry Bainbridge and another, executors of said Richard Bainbridge, for leave to revive and continue the action, &c.
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APPEAL by the defendants in an action brought by Richard Bainbridge, now deceased, in his lifetime, against Charles P. Livermore and others, from an order made at a Special Term, granting , a motion made by Henry Bainbridge and another, executors of said Richard Bainbridge, for leave to revive and continue the action, &c. The action in question was commenced in November, 1864, to recover damages for the alleged illegal sale of the plaintiff’s stocks, gold and other securities. In an action commenced the year previous, by Livermore and his associates, against said Richard Bainbridge, the…
1Opinion of the Court
By the Court, Brady, J.
The application to revive the action commenced by Richard Bainbridge against Charles F. Livermore and others, on account of the death of the plaintiff, was not made for several years after the death occurred. The plaintiff was under a *295stay of proceedings, it is true, but that stay did not affect his representatives.
[First Department, General Term at New York, May 3, 1875.
The revival of the action was not a proceeding contemplated by, or embraced in, the stay. It cannot be regarded as a proceeding other than to prevent the abatement of the action. It is one of the modes…
2Cases cited1 opinion
- Bornsdorff v. LordNew York Supreme Court · 1863
3Cited by1 opinion
- Long v. ThompsonOregon Supreme Court · 1899