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New York Supreme Court, 1880

First National Bank v. Fourth National Bank

First National Bank v. Fourth National Bank
New York Supreme Court · Decided November 15, 1880 · Baeeett, Beady, Coeiam, Davis
29 N.Y. Sup. Ct. 563

Counsel

George A. Black, for the appellant., • Ba/oid J. H. Willcox, for the respondent.

First National Bank v. Fourth National Bank

Opinion of the Court

Pee Coeiam :

The Court of ¡Appeals reversed a judgment in the plaintiffs favor, with costs to abide the event.

The plaintiff, upon the second trial, having again prevailed, seeks to tax against the defendant the costs of the reversal. This he cannot dp. These costs were not awarded to him, but to the defendant, in case of the latter’s success upon the new trial. The following authorities are decisive of this question: Howell v. Van Siclen, 8 Hun, 524; affirmed, 70 N. Y., 595; Union Trust Co. v. Whiton, 17 Hun, 593; appeal to Court of Appeals dismissed, 78 N. Y., 491.

The orders appealed from should be affirmed, with $10 costs, and the disbursements of the appeal.

Present — Davis, P. 3., Beady and Baeeett, JJ.

Order affirmed, with $10 costs, and disbursements.

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