Higgins v. Starin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Francis Higgins, as receiver of the North River Bank in the City of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on. the 16th day of February, 1899, relieving the defendant, John H. Starin, from a stipulation by which said defendant agreed to withdraw an appeal taken by him from an order made in the action, and relieving him from his default in failing…
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Appeal by the plaintiff, Francis Higgins, as receiver of the North River Bank in the City of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on. the 16th day of February, 1899, relieving the defendant, John H. Starin, from a stipulation by which said defendant agreed to withdraw an appeal taken by him from an order made in the action, and relieving him from his default in failing to serve the appeal papers upon said appeal.
1Opinion of the Court
Ingraham, J.:
"We think this order should be affirmed upon the opinion of the court at Special Term. The only advantage that the respondent seems to have derived from the stipulation was the privilege of paying to the plaintiff ten dollars costs, which was to be offset against certain costs that the plaintiff had been required to pay to the respondent as a condition for the amendment of a complaint, which was allowed by the order appealed from. It is difficult to see upon what principle this privilege of paying to the plaintiff ten dollars costs could be of any advantage to the defendant. The…
2Cited by3 opinions
- Magnolia Metal Co. v. PoundAppellate Division of the Supreme Court of the State of New York · 1901
- Humphries v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1919
- Turner v. New York Central & Hudson River RailroadNew York Supreme Court · 1911