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Lyman v. Friends' Social & Literary Circle

56 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1899-03-10 English

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p. 1111
LYMAN, Appellant, v. FRIENDS' SOCIAL & LITERARY CIRCLE et al., Respondents.
(Supreme Court, Appellate Division, First Department.
March 10, 1899.)

Headnote

Action by Henry H. Lyman, as state commissioner of excise of the city of New York, against the Friends’Social & Literary Circle and Fidelity & Deposit Company of Maryland. From an order denying plaintiff’s motion for a relaxation of costs, plaintiff appeals. Reversed. Royal R. Scott, for appellant. Charles L. Kingsley, for respondents.

The question presented on the appeal from the order in this action is the same as the question presented and determined in Lyman v. Club (Sup.) 56 N. Y. Supp. 712 ; and for the reasons there stated the order must be reversed, and a new taxation directed before the clerk, with leave to either party to use upon said new taxation such further affidavits, or papers as may be necessary and proper. The order should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.