Sherry v. . Cary
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, made December 6, 1887, which affirmed two orders of Special Term, one denying a motion on the part of plaintiff to vacate a judgment for defendant’s costs herein, and for a direction to the clerk to tax plaintiff’s costs and enter them in the judgment; the other denying a motion for a retaxation of the costs.
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Appeal from order of the General Term of the Superior Court of the city of New York, made December 6, 1887, which affirmed two orders of Special Term, one denying a motion on the part of plaintiff to vacate a judgment for defendant’s costs herein, and for a direction to the clerk to tax plaintiff’s costs and enter them in the judgment; the other denying a motion for a retaxation of the costs. (Reported below, 23 J. & S. 253.) The nature of the action and the material facts are stated in the opinion. The plaintiff is entitled to costs, because the action is one of which no justice of the peace…
1Opinion of the CourtEarl, J.
This action was commenced in the Hew York Superior Court, and the complaint contained seven causes of action, aggregating $552.50, as follows:
1. For commission on sale of real estate........ $135 50
2. On promise to pay plaintiff his debt against third person if he would not sue.......... 157 00
3. For money loaned......................... 25 00
4. For procuring tenant...................... 50 00
5. For money expended...................... 63 00
6. For services as to Vanderbilt’s house......... 50 00
7. For services in procuring tenant............ 72 00
The answer, besides denials, set up two…
2Cases cited4 opinions
- Cooper v. RobertsSupreme Court of the United States · 1856
- Curtiss v. . AyraultNew York Court of Appeals · 1871
- Glackin v. ZellerNew York Supreme Court · 1868
- Spring Valley Shot & Lead Co. v. JacksonThe Superior Court of New York City · 1848
3Cited by3 opinions
- Osborne v. ParkerAppellate Division of the Supreme Court of the State of New York · 1901
- Kemp v. Union Gas & Oil Stove Co.City of New York Municipal Court · 1892
- Smith v. BryantNew York Supreme Court · 1899