Stilwell v. Staples
The Superior Court of New York City
Appeal from a decision of the special term, in respect to costs. This action was brought by Stilwell and Montross, against Staples, to recover the slim of $656.76, and. interest, for manufacturing articles of clothing, and for materials and trimmings furnished. The answer denied that the labor and materials were worth so much as was alleged in the complaint.
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Appeal from a decision of the special term, in respect to costs. This action was brought by Stilwell and Montross, against Staples, to recover the slim of $656.76, and. interest, for manufacturing articles of clothing, and for materials and trimmings furnished. The answer denied that the labor and materials were worth so much as was alleged in the complaint. It also set up as the basis of a counter-claim that defendant delivered to the plaintiffs to. be manufactured into clothing, goods of the value of $3000, which the plaintiffs agreed to manufacture, and meantime to insure against loss or…
1Opinion of the Court
By the Court.*—Oakley, Ch. J.
The defendant insists that this being an action for the recovery of money, the plain*367tiffs cannot recover costs for the reason that they have recovered less than fifty dollars, and as they are not entitled to costs he is entitled to them as a matter of course under section 305 of the Code.
*366* Present all the justices except Hoffman, J.
*367The plaintiffs insist that this is an action of which according to section 54, a court of a justice of the peace has no jurisdiction, and therefore their right to costs is absolute.
Section 304 of the Code declares that “ costs shall be…
2Cited by7 opinions
- Glackin v. ZellerNew York Supreme Court · 1868
- Boston Mills v. EullThe Superior Court of New York City · 1869
- Griffen v. BrownNew York Supreme Court · 1867
- Laughran v. OrserThe Superior Court of New York City · 1858
- Ryan v. DoyleNew York Supreme Court · 1870
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