Adams v. Niagara Cycle Fittings Co.
New York Supreme Court
Action by Sidney E. Adams against the Niagara Cycle Fittings Company and others. Judgment for costs was rendered in favor of defendants, and such costs were collected on execution. Motion to direct sheriff to pay costs to defendants’ attorney.
1Opinion of the CourtKenefick, J.
A judgment for costs only belongs to the attorney for the successful party. People v. Common Council of City of Buffalo, 7 Misc. Rep. 386, 28 N. Y. Supp. 158; Guliano v. Whitenack, 9 Misc. Rep. 562, 30 N. Y. Supp. 415; In re Bailey, 31 Finn, 608. Such a judgment may be counterclaimed in an action against the attorney. Adams v. Stillman, 4 Misc. Rep. 259, 23 N. Y. Supp. 810. The attorney’s claim thereto is superior to the right of the adverse party to set off claims against the successful party. Husted v. Thomson, 26 Misc. Rep. 548, 57 N. Y. Supp. 558; Delaney v. Miller, 84 Hun, 244, 32 N. Y.…
2Cases cited9 opinions
- Marshall v. . MeechNew York Court of Appeals · 1872
- Bevins v. AlbroNew York Supreme Court · 1895
- Delaney v. MillerNew York Supreme Court · 1895
- Gibbs v. PrindleAppellate Division of the Supreme Court of the State of New York · 1896
- Guliano v. WhitenackNew York Court of Common Pleas · 1894
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3Cited by1 opinion
- Krause v. RutherfordNew York Supreme Court · 1902