Fowler v. Dearing
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George H. Fowler, from an order of the County Court of the county of Queens, entered in the office of the ■clerk .of the county of Queens on the 4th day of May, 1896, affirming a ruling of the county clerk of the county of Queens to the •effect that the plaintiff was not entitled to recover any costs and •disbursements against the defendant in an action, and denying the motion made by the plaintiff .to tax the same.
1Opinion of the Court
Willard Bartlett, J.:
This action was originally brought in a Justice’s Court in Queens county to recover $192.15 for goods sold and delivered and services rendered. The defendant prevailed upon the trial, which resulted in a judgment dismissing the complaint, with ten dollars costs. The plaintiff appealed to, the County Court, demanding a new trial therein, under section 8068 of the Code of Civil Procedure. The defendant thereupon served upon the plaintiff an offer to allow judgment to be rendered in the appellate court in favor of the plaintiff for ten dollars. The plaintiff did not accept…
2Cases cited2 opinions
- McKuskie v. . HendricksonNew York Court of Appeals · 1891
- Pierano v. . MerrittNew York Court of Appeals · 1896
3Cited by5 opinions
- Lawson v. SpeerAppellate Division of the Supreme Court of the State of New York · 1904
- Brazee v. Town of Hornby, New York County Courts1899
- McMurray v. LiddellAppellate Division of the Supreme Court of the State of New York · 1929
- Rose v. WellsAppellate Division of the Supreme Court of the State of New York · 1904
- Bell v. Lynch, New York County Courts1913