Durant v. Abendroth
New York Supreme Court
Appeal from special term, Hew York county. This is the same action as the preceding case, (page 537,) and is an appeal by plaintiff from an order denying a motion for a relaxation of defendant’s costs, and is published to explain House v. Lockwood, post, 540. The appeal was argued before Van Brunt, P. J., and Brady and Daniels, JJ.
1Opinion of the CourtDaniels, J.
Upon the trial of this action a verdict was directed in favor of the plaintiff for certain causes of action mentioned in the complaint, and for the defendant upon other and distinct causes of action contained in the same complaint. Tliis direction entitled the defendant to costs under section 3234 of the Code of Civil Procedure; but, in their adjustment, the costs and disbursements of an appeal taken by the plaintiff from a preceding judgment in the defendant’s favor were allowed to the defendant as part of the costs he was considered entitled to recover. Upon that appeal the defendant was…
2Cases cited3 opinions
- First National Bank v. Fourth National BankNew York Court of Appeals · 1881
- Murtha v. . CurleyNew York Court of Appeals · 1883
- Union Trust Company v. . WhitonNew York Court of Appeals · 1879
3Cited by18 opinions
- Clegg v. New York Newspaper UnionNew York Supreme Court · 1889
- Vollkommer v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Kring v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Smith v. MatthewsNew York Supreme Court · 1897
- Holmes v. RoperNew York Supreme Court · 1890
13 more not listed; retrieve them via the Exa API.