Slater Bank v. Sturdy
New York Supreme Court
Appeal from an order allowing plaintiffs to discontinue on payment of one bill of costs. This action was brought by the Slater Bank against James H. Sturdy, Jonathan P. Bryant, Solomon Frederick, and sixteen others.
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Appeal from an order allowing plaintiffs to discontinue on payment of one bill of costs. This action was brought by the Slater Bank against James H. Sturdy, Jonathan P. Bryant, Solomon Frederick, and sixteen others. It was in the nature .of a creditor’s action, founded upon a judgment against four of the defendants for $1427.94. It set forth that such judgment-debtors being insolvent, had given three mortgages—one to defendants, Bryant, Richmond & Draper, one to defendant Albert. W. Carpenter, and the other to the remaining defendants. These mortgages were averred to be fraudulent as against…
1Opinion of the Court
By the Court.—Ingraham, P. J.
The appeal in this case is from that part of the order which holds that the defendants are not entitled to separate bills of costs. Whether this decision is correct or not, depends upon the finding of the court below, as to the fact of separate employments by different attorneys. The affidavits are contradictory. The plaintiffs’ affidavits show a state of facts which, if true, would establish the employment of Frederick’s attorney to be collusive, and intended only to increase the costs. In such a case the parties are only entitled to one bill of costs. On the…
2Cited by2 opinions
- Atkins v. LefeverNew York Supreme Court · 1868
- Howell v. VelthCity of New York Municipal Court · 1887