Brewster v. City of Hornellsville
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Monroe county. Action by Harry L. Brewster against the city of Hornellsville. From an order denying plaintiff’s motion for an additional allowance of costs, plaintiff appeals.
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Appeal from special term, Monroe county. Action by Harry L. Brewster against the city of Hornellsville. From an order denying plaintiff’s motion for an additional allowance of costs, plaintiff appeals. The order was placed upon two grounds, to wit: (1) “Upon the ground that the plaintiff failed to present to the chamberlain, the chief fiscal officer of the defendant, the claim on which his action was founded, which is prerequisite to the recovery of costs by the plaintiff;” and ,(2) “on the ground that the contest was principally for the amounts to be allowed for the several claims as to…
1Opinion of the CourtHardin, P. J.
The special term was called upon to exercise its discretion in respect to whether the additional allowance should be allowed or not. The papers do not show that the discretion was abused, and it ought not to be interfered with. Meyer Rubber Co. v. Lester Shoe Co., 92 Hun, 52, 36 N. Y. Supp. 729; Proctor v. Soulier, 8 App. Div. 69, 40 N. Y. Supp. 459.
2. The claim was not presented, before the action was commenced, to the chief fiscal officer of the city. Gage v. Village of Hornellsville, 106 N. Y. 668, 12 N. E. 817; Dawson v. City of Troy (Sup.) 2 N. Y. Supp. 137; King v. Village of Randolph,…
2Cases cited5 opinions
- Dawson v. City of TroyNew York Supreme Court · 1888
- Proctor v. SoulierAppellate Division of the Supreme Court of the State of New York · 1896
- Meyer Rubber Co. v. Lester Shoe Co.New York Supreme Court · 1895
- King v. Village of RandolphAppellate Division of the Supreme Court of the State of New York · 1898
- King v. Village of RandolphAppellate Division of the Supreme Court of the State of New York · 1898