Braden v. Kakhaiser
The Superior Court of New York City
Tms was an action- of assault and battery against two defendants, who appeared by the same attorney, but answered separately. Their defences were in some measure distinct. A verdict was rendered in favor of both, and their attorney presented to the clerk for adjustment, a separate bill of costs in favor of each.
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Tms was an action- of assault and battery against two defendants, who appeared by the same attorney, but answered separately. Their defences were in some measure distinct. A verdict was rendered in favor of both, and their attorney presented to the clerk for adjustment, a separate bill of costs in favor of each. The plaintiffs claiming that they were entitled only to a single bill of costs, the question was brought before Duer, J., at chambers, and decided after consultation with the other justices of the court.
1Opinion of the CourtDuer, J.
in announcing the decision, said, the court saw no reason for deviating from the rule which had prevailed in cases like this from a very early period until the code of procedure took effect. It is true, the code, in terms, makes the costs allowed, rather an indemnity to the prevailing party, than the measure of compensation between attorney and client. But it was intended to adopt fixed rules in respect to costs given in the actions mentioned in section three hundred and four; and this cannot be carried out, if the circumstances of separate answers when put in by the same attorney be allowed…
2Cited by2 opinions
- Pagano v. GiulianiNew York Supreme Court · 1943
- Atkins v. LefeverNew York Supreme Court · 1868