Griggs v. Day
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Clark R. Griggs against Melville C. Day and Daniel E. Garrison, as surviving executors of Cornelius K. Garrison, deceased, for an accounting in respect to matters relating to the construction of a railroad for the Wheeling & Lake Erie Railroad Company. From an order of the special term, sustaining the clerk’s refusal to tax certain costs, plaintiff appeals.
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Appeal from special term. Action by Clark R. Griggs against Melville C. Day and Daniel E. Garrison, as surviving executors of Cornelius K. Garrison, deceased, for an accounting in respect to matters relating to the construction of a railroad for the Wheeling & Lake Erie Railroad Company. From an order of the special term, sustaining the clerk’s refusal to tax certain costs, plaintiff appeals. On the taxation of plaintiff’s costs, the defendants objected to the item of $7,500, the fee paid to the referee before whom the action was tried. The plaintiff claimed the right to tax said charge,…
1Opinion of the CourtMoAdam, J.
It is a maxim of the law that that is certain which may be made certain,—oertum est quad certum redd,i potest, (Co. Litt. 43; 1 Bouv. Law Diet. p. 214, subd. 3;) and an agreement that the value of work done shall be fixed by a third person is valid, and the amount so fixed recoverable, (see Delaware & H. C. Co. v. Pennsylvania C. Co., 50 N. Y. 250.) The circumstance that the parties agreed that the value should be fixed by the referee would apparently lead to.the conclusion that the sum so fixed was equally obligatory, unless the statutory provision as to referee’s compensation, or the…
2Cases cited4 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Mark v. . City of BuffaloNew York Court of Appeals · 1881
- First National Bank v. . TamajoNew York Court of Appeals · 1879
- Burt v. Oneida Community, Ltd.New York Supreme Court · 1891
3Cited by2 opinions
- Griggs v. GuinnNew York Supreme Court · 1892
- Griggs v. GuinnThe Superior Court of the City of New York and Buffalo · 1892