Curtiss v. McNair
New York Supreme Court
Appeal from a judgment in favor of; the defendant entered upon the report of a referee. . This action was commenced in the Supreme Court by the above named plaintifíj as executor of A. A. Curtiss, deceased, for the recovery of a balance claimed to be due the testator from the defendant on account of services rendered and disbursements made by the testator as county clgrk of Livingston county.
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Appeal from a judgment in favor of; the defendant entered upon the report of a referee. . This action was commenced in the Supreme Court by the above named plaintifíj as executor of A. A. Curtiss, deceased, for the recovery of a balance claimed to be due the testator from the defendant on account of services rendered and disbursements made by the testator as county clgrk of Livingston county. The items of the account are set out in the complaint, amounting to $383.54, on which had been paid $300. The defense set up is, that the charges for the services rendered are above what is allowable by…
1Opinion of the Court
Gilbert, J.:
We have confined our consideration of this case to the questions argued by the appellant, namely, those relating to the charge for recording deeds, and those for searches. The fee provided by statute for recording instruments of all kinds is ten cents for each folio (2 R. S., 639, § 30), and the taking any greater fee or reward for such service is a misdemeanor. (Id., 650, §§ 5-7.) It clearly appears that there was an overcharge in this particular, and the referee properly disallowed the same. Any agreement in violation of the statutes cited would be void. Nor can the statutes be…
2Cases cited2 opinions
- Jones v. . SheldonNew York Court of Appeals · 1872
- Trustees of the Wilson Collegiate Institute v. HorneNew York Supreme Court · 1846