Barlow v. Barlow
New York Supreme Court
Appeal by the plaintiff from an order, made at a Special Term, denying plaintiff’s motion for a retaxation and disallowance of costs to defendant, and granting defendant’s motion to set off his costs in the action against plaintiff’s recovery, and striking out part of plaintiff’s costs as taxed.
1Opinion of the Court
By the 'Court :
The plaintiff, .on a trial before a referee, recovered $748.46. The complaint specified, as one cause of action, an indebtedness to her from defendant for work and labor rendered by her prior to March, 1S6S, at $600, an agreed price. , Upon this cause of action the recovery was had.
Another canse of action is contained in the complaint for the value of work and labor from March, 1868 to 1880, rendered by plaintiff for defendant and at his request. The decision on the latter count was in favor of the defendant.
Now, although separately stated, “the substantial cause of action was…
2Cases cited2 opinions
- Bull v. KetchumNew York Supreme Court · 1846
- Watson v. . GardinerNew York Court of Appeals · 1872