Patterson v. Burnett
New York Supreme Court
Appeal from special term. Action by Lydia Patterson against Alfred E. Burnett and others, trustees, etc., for an accounting. From an interlocutory and a final judgment, and from two orders relative to the taxation of costs, plaintiff appeals.
1Opinion of the CourtDwight, J.
We think the case was properly disposed of on the merits, and that none of the objections, to either the interlocutory or final judgment, were well taken, except to the additional allowances of costs which were included in the latter. In this respect we are unable to distinguish the case from that of Weaver v. Ely, 83 N. Y. 89, in which the granting of such an allowance was held to be error. That was an action for an accounting by executors, and payment to the plaintiffs of such an amount as, on such accounting, should be found to be due to them on certain legacies contained in the will set…
2Cases cited2 opinions
- Struthers v. . PearceNew York Court of Appeals · 1873
- Weaver v. . ElyNew York Court of Appeals · 1880
3Cited by6 opinions
- Abell v. BradnerNew York Supreme Court · 1891
- Clarke v. SheldonNew York Supreme Court · 1890
- Hill v. SheldonNew York Supreme Court · 1889
- King v. Village of RandolphAppellate Division of the Supreme Court of the State of New York · 1898
- Magill v. North Dakota Millers' Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
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