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Pershall v. Elliott

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1928
223 App. Div. 776 (N.Y. App. Div. 1928)

Opinion

March, 1928.


Judgment modified by striking out the provision as to costs in so far as the individual defendants are concerned, and as so modified unanimously affirmed, without costs. While we are of opinion that the conclusion reached by the learned trial justice was correct, we hold that since the individual defendants are innocently involved, they should not be charged with costs in this equity action.

Present — Lazansky, P.J., Rich, Hagarty, Seeger and Carswell, JJ.


Summaries of

Pershall v. Elliott

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1928
223 App. Div. 776 (N.Y. App. Div. 1928)
Case details for

Pershall v. Elliott

Case Details

Full title:CHARLOTTE E. PERSHALL, Respondent, v. HIRAM ELLIOTT, as Executor, etc., of…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1928

Citations

223 App. Div. 776 (N.Y. App. Div. 1928)