Peet v. Warth
The Superior Court of New York City
The plaintiff brought this action to recover money, for goods sold and for services rendered, claiming over $50. The defendant, by his answer, denied that the goods and services were of the value alleged in the complaint. The verdict was for $30, in favor of the plaintiff. The defendant claims costs. The plaintiff resists the claim, and demands that the clerk insert in the judgment the amount of plaintiff’s disbursements.
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The plaintiff brought this action to recover money, for goods sold and for services rendered, claiming over $50. The defendant, by his answer, denied that the goods and services were of the value alleged in the complaint. The verdict was for $30, in favor of the plaintiff. The defendant claims costs. The plaintiff resists the claim, and demands that the clerk insert in the judgment the amount of plaintiff’s disbursements. The Judge below allowed costs to the defendant, and rejected the plaintiff’s claim for disbursements. The plaintiff appeals from the order entered on that decision.
1Opinion of the CourtBy the Court. Pierrepont, J.
The Legislature, evidently, intended to discourage the "bringing of actions, for small claims, in the higher Courts.
By section 304 of the Code, the plaintiff in an action like this is entitled to costs if he recover $50 or more. By section 305, the defendant in such action is entitled to costs, unless the plaintiff has a • right to them. The plaintiff not being entitled to costs, it follows that the defendant is entitled to them. It is also clear that the plaintiff is not entitled to recover his disbursements from the defendant. The right to recover disbursements is incident to the right to…
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