Underhill v. Rushmore
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Silas A. Underhill, from an order of the County Court of .Kings county, entered in. the office of the clerk of the county of Kings on the 1st .day of March, 1900, denying his motion for a new taxation of costs and affirming the taxation by the clerk in favor of the defendant.
1Opinion of the Court
Goodrich, R. J.:
This.action was commenced in December, 1897, in the court of a justice of the peace in. Brooklyn to recover the value of the legal services of the plaintiff, on an account stated, for $183.58, and on quantum meruit for other similar services alleged to be worth $30. The answer set up payment, denied an account stated, and, by way of counterclaim, alleged a payment of $1,000 for the plaintiff’s use, on which he had paid $500, and also an advance of $225 for the use of the plaintiff’s wife, both of which the plaintiff promised to pay. The defendant demanded judgment-for these…
2Cases cited2 opinions
- Glackin v. ZellerNew York Supreme Court · 1868
- Crim v. CronkhiteNew York Supreme Court · 1857