Baine v. . the City of Rochester
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, iu the fourth judicial department, made January 22, 1881, which affirmed an order of Special Term, setting aside the taxation of costs, made by the clerk of Monroe county, in favor of defendant, and declaring plaintiff to be entitled to costs. This action was brought to recover an alleged balance due plaintiff from defendant for services.
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Appeal from order of the General Term of the Supreme Court, iu the fourth judicial department, made January 22, 1881, which affirmed an order of Special Term, setting aside the taxation of costs, made by the clerk of Monroe county, in favor of defendant, and declaring plaintiff to be entitled to costs. This action was brought to recover an alleged balance due plaintiff from defendant for services. A verdict was rendered for plaintiff for $228.58. Defendant noticed its costs for taxation, and upon the bill of costs, the pleadings and the clerk’s minutes of trial, said clerk decided that…
1Opinion of the CourtAndrews, J.
The plaintiff was not entitled to costs, for the reason that he failed to present the claim for payment before the commencement of the action to the city treasurer, who, by section 72 of chapter 14 of the Laws of 1880, is declared to be the chief fiscal officer of the city. (Code of Civil Procedure, § 3245.)
It is not an answer to this requirement of the Code, that the city treasurer was not authorized to adjust or pay the claim on presentation. The object of the provision is to insure notice to a municipal corporation of claims against it, before it should be subjected to the costs of suit,…
2Cited by13 opinions
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