Gori v. Smith
New York Supreme Court
Appeal from an order made at Special Term at Chambers, granting an extra allowance. The action was brought by Catharine Gori against Alfred 0. Smith, jr. The complaint claimed $20,000 damages for non-completion of a contract for the purchase of land. The defendant _ in his answer, besides alleging a defense, set up a counter-claim for $20,000 damages for non-performance of such • contract by the plaintiff. On this claim the plaintiff took issue by a reply.
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Appeal from an order made at Special Term at Chambers, granting an extra allowance. The action was brought by Catharine Gori against Alfred 0. Smith, jr. The complaint claimed $20,000 damages for non-completion of a contract for the purchase of land. The defendant _ in his answer, besides alleging a defense, set up a counter-claim for $20,000 damages for non-performance of such • contract by the plaintiff. On this claim the plaintiff took issue by a reply. The action was tried before Justice MoCmw, without a jury, in October, 1864. In September, 1865, the Justice rendered a decision in favor…
1Opinion of the Court
By the Court—Robertson, Ch. J.
Court of Appeals having held in the ■ case of The People v. The New York Central Railroad (referred to in S. C. in 30 How., 149), that an i order "for an allowance in addition to. costs, was appealable, it becomes necessary that the facts on which the motion for them is made should be presented in such a mode as to have them passed upon by an appellate court on appeal:—The principle announced was, that “an order which.peremptorily and finally charged a party with the payment of a sum of money more than he ought to pay affected his right not merely in form but…
2Cases cited2 opinions
- Cockle v. UnderwoodThe Superior Court of New York City · 1854
- Cook v. DickensonThe Superior Court of New York City · 1852