Pratt v. Ramsdell
New York Supreme Court
Application to determine the right of plaintiff to the additional allowance under section 308 of the Code, as amended by the act of April 13, 1857, in an action to foreclose a mortgage, where defendants paid the amount due with the costs specified in section 307, before judgment; the payment having been made and received under stipulation of the parties, that it should not affect the plaintiff’s right to the allowance, if the court should be of opinion he was entitled to it.
1Opinion of the Court
Davis, Justice.
In an action for the foreclosure of a mortgage, costs are not allowable of course, under section 304 of the Code, but are wholly within the discretion of the court. (Code, §§ 304, 306; Gallagher agt. Egham, 2 Sand. S. C. R. 742.)
In cases of this kind, where the defendant is ready, and offers to pay, or brings into court the amount due on the mortgage, the parties are6at liberty Jo apply to the court for its direction as to the question of costs; and the court under section 306 has a discretion to allow them or not, as may be equitable and just. If the court on such application…
2Cases cited1 opinion
- United States v. D'AuterieveSupreme Court of the United States · 1854
3Cited by7 opinions
- Macomb v. Lake CountySouth Dakota Supreme Court · 1900
- Morris v. . WheelerNew York Court of Appeals · 1871
- Lewis v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1903
- Champion v. WebsterNew York Supreme Court · 1860
- Dot Mort Holding Corp. v. ZitoAppellate Division of the Supreme Court of the State of New York · 1934
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