Howe v. Goodrich
New York Supreme Court
This was a motion for a perpetual stay of proceedings. The plaintiff declared upon an arbitration bond in the penalty of $500, stating an award for $13.72. The defendant’s attorney offered to pay the $13.72 and common pleas costs, but the plaintiff’s attorney claimed supreme court costs. The defendant now moves that the clerk compute the amount due to the plaintiff, and that on payment of that sum into court, all further proceedings stay perpetually.
1Opinion of the Court
By the Court.
[561] By the Revised Statutes, (2 R. S. 616, § 21,) it is enacted that “where any suit upon any contract, except against executors and administrators, is settled before judgment, and the sum actually due and- admitted does not exceed the sum which upon a recovery would entitle the plaintiff to costs, no costs shall be demanded or received; if the sum so due exceeds $50, and does not exceed $250, no other or greater costs shall be demanded or received, than if such suit had been brought in a court of common pleas.” In Wells v. Feeter, (5 Wendell, 133,) it was decided that the true…
2Cases cited1 opinion
- Wells v. FeeterNew York Supreme Court · 1830