Madison Paper Stock Co. v. Maurice O'Meara Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Madison Paper Stock Company against the Maurice O’Meara Company. From a judgment for defendant, plaintiff appeals.
1Per curiam
The plaintiff sued for $208. His claim was admitted by defendant, who interposed; however, a counterclaim for $240.76. The trial established the counterclaim, and defendant was given judgment for the balance, $38,56, and $20 costs. This was incorrect. Subdivision 7 of section 332 of the Municipal Court act (Laws 1902, p. 1586, c. 580) provides that the costs are based upon the sums for which the defendant “recovers judgment,” not the amount of his counterclaim. The defendant here “recovered judgment” for $36.58, and thus was not entitled to costs.
The judgment must be modified, to exclude the…
2Cited by1 opinion
- Strathman v. Williams & Morford Co.City of New York Municipal Court · 1912