Legal Opinion

Curtis v. Dunkirk Savings & Loan Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1914PublishedCited by 1 opinion

■ Cross-appeals by the plaintiff, William B., Curtis, as trustee, etc., and by the defendants, Dunkirk Savings and Loan Association and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 8th day of December, 1913, upon the decision of the court after a trial before the court without a jury.

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■ Cross-appeals by the plaintiff, William B., Curtis, as trustee, etc., and by the defendants, Dunkirk Savings and Loan Association and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 8th day of December, 1913, upon the decision of the court after a trial before the court without a jury. The plaintiff appeals only from so much of said judgment as limits his recovery of costs to the sum of ten dollars.

1Opinion of the Court

Foote, J.:

Plaintiff’s appeal is from the award in his favor of only ten dollars costs. He claims to be entitled to a full bill of costs. *471Otherwise plaintiff is satisfied with the judgment. The damages awarded to plaintiff are one hundred and thirty-three dollars and eighty-two cents and interest thereon. This sum is made up of ten dollars referee’s fees paid to the defendant Hurlbert as his fee for acting as referee to compute the amount due the plaintiff in a mortgage foreclosure action, and fifty-nine dollars and seventy-five cents paid to the same defendant as his fee of fifty dollars and…

2Cases cited1 opinion

  1. Crouse v. . McVickarNew York Court of Appeals · 1912

3Cited by1 opinion

  1. Griffith v. Bank of New YorkDistrict Court, S.D. New York · 1944

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