Summary
In Marvin v. The Brewster Iron Mining Co. (56 N.Y. 671) there had been a reversal of the judgment appealed from, and in view of the insolvency of the appellant and pecuniary inability to pay the judgment in case the respondent should be successful upon a new trial, it was held that restitution might be refused and the money held to await the final result of the action.
Summary of this case from Klinker v. Third Avenue R.R. Co.Opinion
Argued April 28, 1874
Decided May 26, 1874
C. Frost for motion.
John E. Parsons opposed.
FOLGER, J., reads opinion for denial of motion, without cost, and without prejudice to plaintiff in any proceedings in the court below.
All concur.
Motion denied.