Meyer Rubber Co. v. Lester Shoe Co.
New York Supreme Court
Appeal from special term, Madison county. Action by the Meyer Rubber Company against the Lester Shoe Company and another. From an order denying it an extra allowance, plaintiff appeals. In the order appealed from are found the following words: “Ordered, that the court hereby entertains said motion for additional allowance of costs herein, and hereby denies the same, with $10 costs of the motion.”
1Opinion of the CourtHardin, P. J.
On the 23d day of April, 1895, we affirmed an order made by the same trial justice refusing an extra allowance. 33 N. Y. Supp. 888. In the course of the opinion delivered on that occasion in behalf of this court it was said, “The affidavits produced upon the motion tend to indicate that the case was difficult and extraordinary,” And it was further observed in the opinion that so many considerations are addressed to the discretion of the court upon such motions that the appellate court rarely interferes with the action of the trial judge; and in support of that position we cited Morrison v.…
2Cases cited5 opinions
- Burke v. CandeeNew York Supreme Court · 1872
- Bryon v. DurrieNew York Supreme Court · 1878
- Hanover Fire Insurance v. Germania Fire InsuranceNew York Court of Appeals · 1893
- Mutual Life Insurance v. CranwellNew York Supreme Court · 1890
- Meyer Rubber Co. v. Lester Shoe Co.New York Supreme Court · 1895
3Cited by3 opinions
- Brewster v. City of HornellsvilleAppellate Division of the Supreme Court of the State of New York · 1898
- Colligan v. City of New YorkNew York Supreme Court · 1914
- People v. Rochester Dime Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1896