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Williams v. Van Norden Trust Co.

99 N.Y.S. 1151 Court N.Y. App. Div. Decision date 1906-06-25 English

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p. 1151
WILLIAMS, Respondent, v. VAN NORDEN TRUST CO., Appellant, et al.
(Supreme Court, Appellate Division, First Department.
June 25, 1906.)

Headnote

Appeal from Special Term, New York County. Action by Oliver Williams against the Van Norden Trust Company, as assignee for the benefit of creditors of James Clark and another, impleaded with others. From an order directing that, on payment by plaintiff to defendant of the sum of $50, the action should be discontinued without payment of further costs, defendant appeals.
Modified and affirmed.
E. W. S. Johnston, for appellant
Robert L. Luce, for respondent

The order appealed from should be modified by permitting the plaintiff to discontinue on payment to the defendant of the costs and disbursements of the former appeal nerein ( 93 N. Y. Supp. 821 ), the disbursements in the action, and $10 costs and disbursements of this appeal. As so modified, the order should be affirmed.