Gallagher v. Egan
The Superior Court of New York City
Application by the plaintiff for leave to discontinue her hurt, on receiving her debt, interest and costs, without paying Costs to the defendants, all of Whom had appeared in the cause. The suit was for the foreclosure of a mortgage. The defendants, Power, Egan and Cassidy, were the mortgagors, personally liable for the debt, who had subsequently Conveyed the premises to the defendant Sandford, who assumed the payment ‘of the mortgage.
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Application by the plaintiff for leave to discontinue her hurt, on receiving her debt, interest and costs, without paying Costs to the defendants, all of Whom had appeared in the cause. The suit was for the foreclosure of a mortgage. The defendants, Power, Egan and Cassidy, were the mortgagors, personally liable for the debt, who had subsequently Conveyed the premises to the defendant Sandford, who assumed the payment ‘of the mortgage. The defendant McBarron was a judgment Creditor of Sandford. He received the amount of his judgment, after he appeared in this suit. The owner of the equity of…
1Opinion of the Court
Sandford, J.,
after advising with all "the other iltisticeS cl 'the Court, decided with their concurrence, as follows :—The allowance of costs to the defendants cn discontinuing a 'suit for the foreclosure of a mortgage, before judgment, appears to rest in the discretion cf the court. The provision in the revised -'statutes to which I was referred, (2 R. S. 613, -§ 1,) is repealed •by the code cf procedure. Section 305 of the code, Is confined to the actions mentioned in section "304, which doe’s not apply to foreclosure suits, as is shown by the language of Section 308. The provision in…
2Cases cited1 opinion
- Merchants' Insurance v. MarvinNew York Court of Chancery · 1829
3Cited by6 opinions
- Crofut v. BrandtNew York Court of Common Pleas · 1874
- Mars v. ConnerSupreme Court of South Carolina · 1877
- Bartow v. ClevelandNew York Supreme Court · 1858
- Champion v. WebsterNew York Supreme Court · 1860
- Pennell v. WilsonThe Superior Court of New York City · 1867
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