Columbian Insurance Co. v. . Stevens
New York Court of Appeals
Appeal from an order of the supreme court, duly affirmed by the general term in the first district. This action was commenced by the plaintiffs on the 9th ef January, 1866; but on the 23d of the same month, and before the defendants’ appeared, receivers of the plaintiffs’ property were appointed by the supreme court, and the action was prosecuted by the receivers and their successor to trial. The action was an ordinary suit at law for the recovery of money only.
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Appeal from an order of the supreme court, duly affirmed by the general term in the first district. This action was commenced by the plaintiffs on the 9th ef January, 1866; but on the 23d of the same month, and before the defendants’ appeared, receivers of the plaintiffs’ property were appointed by the supreme court, and the action was prosecuted by the receivers and their successor to trial. The action was an ordinary suit at law for the recovery of money only. On a trial before a referee, the defendants obtained a report upon which judgment was entered for their costs of suit. The…
1Opinion of the CourtWoodruff, J.
The right of the defendants to have judgment for their costs in such an action as the present, brought against them for the recovery of money only, is absolute as well by the law before as since the Code of Procedure. There is no claim nor ground of claim that the allowance of costs in the action was discretionary.
The liability of the receiver, in whom the alleged cause of action became vested after the summons herein was served and by whom the action was prosecuted, is made by section 321 of the Code the same as if he had caused himself to be made a party.
The questions here are, therefore:
Fir…
2Cases cited2 opinions
- Colvard v. OliverNew York Supreme Court · 1832
- Camp v. Receivers of the Niagara BankNew York Court of Chancery · 1830
3Cited by17 opinions
- In re Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- In re the Judicial Settlement of the Account of RandellNew York Surrogate's Court · 1889
- In re the Estate of WilliamsNew York Surrogate's Court · 1932
- In re the Estate of MahoneyNew York Surrogate's Court · 1902
- In re BoothNew York Supreme Court · 1882
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