Jacobs v. White
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward L. White and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of July, 1914, denying defendants’ motion for a retaxation of costs.
1Dissent
McLaughlin, J. (dissenting):
This action was brought in the Supreme Court, the venue being laid in the county of New York, to recover damages for the conversion of personal property alleged to have been of the value of $133.71. The plaintiff recovered $101.42, together with costs and disbursements, which were taxed at $137.32, making in all a judgment of $238.74. The defendants moved for a retaxation of costs on the ground that under subdivision 5 of section 3228 of the Code of Civil Procedure plaintiffs were *114not entitled thereto, the recovery having been less than $1,000. The motion was…
2Cases cited1 opinion
- Hubbard v. HeinzeAppellate Division of the Supreme Court of the State of New York · 1911