Bates v. Dickerson
New York Supreme Court
Appeal from special term, New York county. Action by Henry W. Bates, as receiver of the United States Stamping Company, against John S. Dickerson and others. Plaintiff appeals from an order staying proceedings until payment of the costs of a former action.
1Opinion of the CourtBarrett, J.
The plaintiff states in his affidavit that the first action which he brought against these defendants was dismissed on the sole ground of the irregularity of his appointment as receiver. However that may be, the judgment of the court, to which alone we can look, ran against him as such receiver. Under section 3246 of the Code the costs were exclusively chargeable upon the estate. We have thus a judgment, in substance, against the estate for the costs of the action; and now the same estate, without paying these costs, is again proceeding, upon precisely the same facts, to secure the same…
2Cited by1 opinion
- Fransioli v. BoormanAppellate Terms of the Supreme Court of New York · 1903