Healy v. Murphy
City of New York Municipal Court
Action by Kate Healy against Patrick Murphy, as administrator of Robert Murphy, deceased, to recover for services alleged to have been performed by ■plaintiff for decedent of the value of $156; for board furnished to decedent for one month, $25; for money expended for decedent at his request, $45; and money loaned to decedent, $50; the aggregate of which several claims, together with interest, amounted to $306.36. Plaintiff moves for an allowance •of the costs of the action…
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Action by Kate Healy against Patrick Murphy, as administrator of Robert Murphy, deceased, to recover for services alleged to have been performed by ■plaintiff for decedent of the value of $156; for board furnished to decedent for one month, $25; for money expended for decedent at his request, $45; and money loaned to decedent, $50; the aggregate of which several claims, together with interest, amounted to $306.36. Plaintiff moves for an allowance •of the costs of the action on the ground that the payment of plaintiff’s claim was “unreasonably resisted” by defendant, in which case Code Civil…
1Opinion of the CourtEhrlich, C. J.
The claim was $276, and, with interest, $306.36. The recovery was $93. A demand so materially reduced was not unreasonably resisted. Russell v. Lane, 1 Barb. 519; Bailey v. Schmidt, 5 N. Y. Supp. 405; Cruikshank v. Cruikshank, 9 How. Pr. 350; Johnston v. Myers, 103 N. Y. 666, 9 N. E. Rep. 55; Woodin v. Bagley, 13 Wend. 453; Comstock v. Olmstead, 6 How. Pr. 77; Buckhout v. Hunt, 16 How. Pr. 407; Daggett v. Mead, 11 Abb. N. C. 116. The plaintiff is entitled to the disbursements, but the motion for costs will be denied. No costs.
2Cases cited7 opinions
- Woodin v. BagleyNew York Supreme Court · 1835
- Daggett v. MeadNew York Supreme Court · 1882
- Russell v. LaneNew York Supreme Court · 1847
- Comstock v. OlmsteadNew York Supreme Court · 1851
- Cruikshank v. CruikshankNew York Supreme Court · 1854
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