Burdett v. . Lowe
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made November 26, 1880, affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 22 Hun, 588.) This action was brought upon an undertaking given on appeal from an order of General Term reversing a judgment and granting a new trial.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made November 26, 1880, affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 22 Hun, 588.) This action was brought upon an undertaking given on appeal from an order of General Term reversing a judgment and granting a new trial. The undertaking was as required and in the form prescribed by the Code of Procedure then, in force (§ 334), to perfect an appeal; i. Upon the trial, defendants claimed that the recovery should be limited to the costs of…
1Opinion of the CourtDanforth, J.
There was an excess of words in the undertaking construed in Post v. Doremus (60 N. Y. 371); but eliminating those, the obligation was precisely like that on which this action was brought. The circumstances of the two cases, and the stage of the action at which the prevailing party became entitled to costs, are also the same, and the decision then made must control here. The plaintiffs, therefore, were entitled to recover only such costs as could be taxed against Harris and Jones (the unsuccessful appellants) as costs of appeal to this court. The defendants’ counsel also claims that an offer…
2Cases cited1 opinion
- Post v. . DoremusNew York Court of Appeals · 1875
3Cited by3 opinions
- Clift v. MosesNew York Supreme Court · 1894
- Erdle v. BassettNew York Supreme Court · 1916
- Jermain v. Lake Shore & Michigan Southern RailroadNew York Supreme Court · 1884