Kalt v. Lignot
New York Supreme Court
Appeal from an order of the special term, denying a motion of the defendant to affirm taxation of his costs. This action was brought to recover the value of services rendered by the plaintiff, a physician, to defendant’s family, for which services the plaintiff claimed $500. • The answer set up three defences, viz :—1. A denial of the facts stated in the complaint. 2. A counter-claim, damages sustained by the defendant, by reason of negligence and malpractice, amounting to…
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Appeal from an order of the special term, denying a motion of the defendant to affirm taxation of his costs. This action was brought to recover the value of services rendered by the plaintiff, a physician, to defendant’s family, for which services the plaintiff claimed $500. • The answer set up three defences, viz :—1. A denial of the facts stated in the complaint. 2. A counter-claim, damages sustained by the defendant, by reason of negligence and malpractice, amounting to $5000. 3. A counter-claim of $171, for wines sold and delivered to plaintiff. The reply denied the new matter set up in…
1Opinion of the CourtClerke, J.
Section 305 of the Code does not mean that the defendant shall be entitled to costs against the plaintiff, in all cases where the plaintiff is not entitled to them; this section must be necessarily read in connection with, and be controlled by section 303, which says, “ that costs shall be. allowed to the prevailing party in the suit upon the judgment.” A mere reduction of the plaintiff’s demand, by set-off, or any other description of counter-claim, below the amount of $50, does not entitle him to costs against the plaintiff. The defendant certainly is not.the prevailing party; he claimed a…
2Cited by6 opinions
- Boston Mills v. EullThe Superior Court of New York City · 1869
- Thayer v. HollandNew York Court of Common Pleas · 1882
- Lockwood v. HansenOregon Supreme Court · 1888
- Rohrs v. RohrsCity of New York Municipal Court · 1911
- Ury v. WildeThe Superior Court of the City of New York and Buffalo · 1888
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