Legal Opinion

Brush v. Kelsey

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1900PublishedCited by 3 opinions

Appeal by the defendants, William H. Kelsey and others, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 9th day of May, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day. of May, 1899, denying the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Per Curiam : *

This action is brought to recover for services rendered as referee in taking examinations in proceedings supplementary to execution. The plaintiff’s claim was for twenty-eight days’ service, at $10 a day, amounting to $280. The defendants answered that the plaintiff *271was not entitled for Ms services to more than $140, and that his fees had been, taxed at that sum hy a justice of this court; that $50 had been paid on account thereof and that they had tendered the remaining $90, which sum they were still ready and willing to pay. The payment of $50 was conceded. The jury found a…

2Cases cited1 opinion

  1. Mead v. . TuckermanNew York Court of Appeals · 1887

3Cited by3 opinions

  1. Keeler v. BellNew York Supreme Court · 1905
  2. Goldzier v. RosebaultAppellate Terms of the Supreme Court of New York · 1903
  3. Keeler v. BellNew York Supreme Court · 1905

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