Louisville Lumber Co. v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Claremont E. Smith and another, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 4th day of September, 1912, denying the defendants’ motion for a retaxation of costs.
1Opinion of the Court
Betts, J.:
After the commencement of the action the plaintiff was required upon application of the defendants to file an undertaking as security for costs, on the ground that it was a foreign corporation. For this; undertaking the plaintiff paid ten dollars to a surety company. On the trial the plaintiff recovered a verdict and judgment was duly entered thereon. The plaintiff taxed its costs including therein as a disbursement the ten dollars paid to said surety company. The item in the costs as taxed without notice was “Pd. surety company for undertaking $10.00.”
After such taxation the…
2Cases cited4 opinions
- Equitable Life Assurance Society of the United States v. HughesNew York Court of Appeals · 1890
- Bick v. ReeseNew York Supreme Court · 1889
- Miller v. BushAppellate Division of the Supreme Court of the State of New York · 1898
- Shipman v. TreadwellAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by3 opinions
- Williams v. Sawyer Bros.Court of Appeals for the Second Circuit · 1931
- International Fastener Co. v. Francis Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Williams v. Sawyer Bros.Court of Appeals for the Second Circuit · 1931