Legal Opinion

Husted v. Thomson

New York Supreme Court

Decided March 15, 1899PublishedCited by 2 opinions

Motion to set off costs.

1Opinion of the CourtGildersleeve, J.

This is a motion to set off a claim, alleged to be due from defendant to the plaintiff, against the costs recovered by the defendant against the plaintiff in an action between the parties, and taxed in the judgment. Assuming that plaintiff’s claim is well founded; that the amount stated in the affidavit is actually owing to the plaintiff from the defendant, which does not appear to be conceded by the defendant, still I see no reason for changing the opinion expressed by me upon the application for the order to show cause herein. The costs belong to the attorney, and his claim thereto is…

2Cases cited4 opinions

  1. Marshall v. . MeechNew York Court of Appeals · 1872
  2. Perry v. . ChesterNew York Court of Appeals · 1873
  3. Bevins v. AlbroNew York Supreme Court · 1895
  4. Taylor v. Long Island RailroadNew York Supreme Court · 1898

3Cited by2 opinions

  1. Jaeger v. KoenigAppellate Terms of the Supreme Court of New York · 1900
  2. Adams v. Niagara Cycle Fittings Co.New York Supreme Court · 1902

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