Samuels v. Austin Fire Insurance of Dallas
Appellate Division of the Supreme Court of the State of New York
Appeal by Morris Jasper from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of October, 1916, directing him as the person beneficially interested in the recovery in this action, to pay the costs awarded to the defendant pursuant to section 3247 of the Code of Civil Procedure.
1Opinion of the Court
Page, J.:
The action was brought by the plaintiff, Morris Gr. Samuels, to recover upon a policy of fire insurance. After the action was commenced notice was served upon the defendant that the policy had been assigned to Morris Jasper.
Judgment for costs was awarded in favor of the defendant for $176.36. This motion was made to compel Morris Jasper, the assignee, to pay the costs and the order appealed from entered to that effect.
In opposition to the motion the appellant submitted affidavits of himself and of the plaintiff stating that the assignment of the policy, together with a number of…
2Cases cited3 opinions
- Peck v. . YorksNew York Court of Appeals · 1878
- Thorn v. . BeardNew York Court of Appeals · 1893
- Thorn v. BeardNew York Supreme Court · 1893