Equitable Life Assurance Society of the United States v. Hughes
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in .the second judicial department, made July 18, 1890, which affirmed an order of Special Term denying a motion to compel the clerk of Westchester county to tax an item in plaintiffs bill of costs for money paid the Lawyers’ Title Insurance Company of Hew York for a search of title of the premises, to foreclose a mortgage upon which this action was brought.
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Appeal from order of the General Term of the Supreme Court in .the second judicial department, made July 18, 1890, which affirmed an order of Special Term denying a motion to compel the clerk of Westchester county to tax an item in plaintiffs bill of costs for money paid the Lawyers’ Title Insurance Company of Hew York for a search of title of the premises, to foreclose a mortgage upon which this action was brought. The charges for searches, in these two foreclosure cases, were reasonable and necessary, and taxable, according to- the course and practice of the court within section 3256 of the…
1Opinion of the CourtEarl, J.
The plaintiff commenced this action to foreclose a mortgage, and its attorney obtained a search of the title of the mortgaged premises from the Lawyers’ Title Insurance-Company of Hew York, a corporation organized under chapter 538k)f the Laws of 1885, and he paid it for such search $28.50. The plaintiff claims that the sum should be taxed as. a lawful disbursement in its bill of costs. The coiut below held that it was not entitled to such taxation, and from that decision it has appealed to this court.
There is nothing in the act under which the Lawyers’ Title Insurance Company was organized…
2Cases cited6 opinions
- Rothery v. . New York Rubber Co.New York Court of Appeals · 1882
- Hovey v. HoveyNew York Court of Chancery · 1836
- Case v. PriceNew York Supreme Court · 1859
- Finch v. CalvertNew York Supreme Court · 1856
- Kenney v. Van HorneNew York Supreme Court · 1806
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- Masholie v. SalvatorNew York Supreme Court · 1944
- International Fastener Co. v. Francis Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1923
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