Hyperlawhypertext legal databasebeta Broadway Savings Institution v. Town of Pelham 148 N.Y. 737

← Cases

Broadway Savings Institution v. Town of Pelham

148 N.Y. 737 Court N.Y. Decision date 1896-01-14 English

Contents

Majority

p. 737
The Broadway Savings Institution of the City of New York, Appellant, v. The Town of Pelham, of Westchester County, Respondent.

Headnote

Costs. Where leave to withdraw an appeal is granted “upon payment?, ol all costs before notice of argument," the costs referred to mean those.: in the Court of Appeals.
(Argued January 6, 1896;
decided January 14, 1896.)
Appeal from order of the General Term of the Supreme Court in the second judicial department, made at the December term, 1894, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court and granted, a new trial. (See 83 Hun, 96 .)
The action was brought to recover the amount of eight certificates of indebtedness of the town of Pelham, purporting to have been issued in accordance with the provisions of chapter-193, Laws of 1877.
On December 10, 1895, a motion to withdraw the appeal
p. 738
was granted “upon payment of all costs before notice of argument.”
Thereupon the respondent moved to amend the decision and remittitur so as to read “ upon payment by the appellant of all costs of this action in all courts incurred before the notice of argument in this court.”
William L. Snyder for motion.
Kelly & Macrae opposed.

Motion denied, without costs.

Held, costs referred to in decision mean costs in this court. (In re Water Commissioners of Amsterdam, 104 N. Y. 677 .)

Cases cited