Garvey v. United States Horse & Cattle Show Society — 73 N.Y. St. Rep. 360

Majority

p. 360

James Garvey, as Receiver, etc., Pl’ff, v. United States Horse and Cattle Show Society, Def’t.

(New York Common Pleas, Special Term,

Filed March, 1895.)

Headnote

Costs—New tbial.

Upon the denial of a motion for a new trial, on a case settled, the successful party is entitled to costs, as of right, and these costs are the same as on appeal.

J. B. Hands, for app’lt; Jay & Candler, for def’t.

disallowance of costs to defendant was improvident. Upon denial o£ a motion for a new trial on a case settled, the successful party is entitled to costs as of right, and those costs are the same as on appeal. The cases cited by plaintiff sustain his contention, but they are contrary to Atkinson v. Truesdell, 28 St. Rep. 585 , and Wilcox v. Daggett, 15 N. Y. Wkly. Dig. 208, and to the adjudication of this court in Perkins v. Quarry Co., 32 Supp. 236.