Legal Opinion

Lamphere v. Lamphere

New York Supreme Court

Decided January 25, 1900Published

Action by De Mere Lamphere against Alice D. Lamphere, as administratrix with the will annexed of the estate of Burr W. Lamphere, deceased. From a retaxation of costs in defendant’s favor, plaintiff appeals.

1Opinion of the CourtForbes, J.

This is an appeal for a new taxation of costs. The action was for services rendered to the testator from September 11 to October 13, 1898. The plaintiff presented to the defendant, as administratrix, a duly-verified claim for $48. This claim was rejected in writing, and an offer to refer was made by the defendant. This proceeding was duly commenced on a stipulation signed by both parties and an order duly filed; the surrogate of the county of Madison having approved of the agreement and the reference made to Charles Kellogg, Esq., as the sole referee. After taking the proofs, a report was…

2Cases cited24 opinions

  1. Francisco v. FitchNew York Supreme Court · 1857
  2. Hopkins v. . LottNew York Court of Appeals · 1888
  3. Adams v. OlinNew York Supreme Court · 1894
  4. Hustis v. . AldridgeNew York Court of Appeals · 1895
  5. Niles v. CrockerNew York Supreme Court · 1895

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