Husted v. Thomson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gilbert M. Husted, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of February, 1899, granting the defendant David Thomson, as' trustee of the estate of Ben jamin Lord, deceased, an extra allowance,
1Opinion of the Court
O’Brien, J. :
In Hanover Ins. Company v. Germania Ins. Company (63 Hun, 275; affd., 138 N. Y. 252) it was said: “ It has frequently been determined that, where no sum of money is claimed in the pleadings-or allowed to the-plaintiff, there is nothing.upon which an *316extra allowance can be based and that the court has- no power to grant it.” The statement as to the nature of this :action in the affidavit of the defendant’s attorney is, that it “ was brought to obtain some sort of relief in respect to a paper in the form of a general release which had been executed by the plaintiff, including an…
2Cases cited1 opinion
- Hanover Fire Ins. v. Germania Fire Ins.New York Supreme Court · 1892
3Cited by1 opinion
- Schneider v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1900