Legal Opinion

Pape v. Tomoor

Appellate Terms of the Supreme Court of New York

Decided June 24, 1910PublishedCited by 2 opinions

Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Otto E. Pape against Henry E. Tomoor. Erom so much of a judgment for plaintiff in the Municipal Court of the City of New York as awarded costs to plaintiff, and from an order denying plaintiff’s motion to amend the judgment by increasing the costs, plaintiff appeals.

1Per curiam

The plaintiff filed and served a verified complaint, •and the defendant served a verified answer. The issue thus joined was adjourned for trial. Upon the day set for trial the defendant defaulted, and the plaintiff gave testimony in support of his cause of action, and was awarded a judgment for the sum of $439.33 damages, $2 costs, and $15 “allowance,” which was taxed by the clerk. The plaintiff thereafter moved for a review of taxation, claiming that he was entitled to the sum of $30 costs, instead of $15. This motion was denied, and the plaintiff appeals from the judgment as rendered, and…

2Cases cited1 opinion

  1. People ex rel. Kempner v. WilsonNew York Supreme Court · 1901

3Cited by2 opinions

  1. Arcadia Hosiery Co. v. FineCity of New York Municipal Court · 1930
  2. Travelers Insurance v. RabinowitzAppellate Terms of the Supreme Court of New York · 1926

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