Carter v. . Beckwith
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department made April 20, 1886, which affirmed an order of Special Term allowing plaintiff costs herein. The nature of the action, and the material facts, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department made April 20, 1886, which affirmed an order of Special Term allowing plaintiff costs herein. The nature of the action, and the material facts, are stated in the opinion. The plaintiff can recover no costs in this action unless it appears that the demand was presented, that its payment was unreasonably resisted or neglected, or that the defendants refused to refer the claim as prescribed by law. (Code Civ. Pro., §§ 1835, 1836.) The account presented, including in it a large number of items, which are…
1Opinion of the CourtEarl, J.
In 1876, the defendants were appointed administrators of Bichard Beckwith, deceased. Under an order of the surrogate, they published a notice to creditors to present their claims on or before July 25, 1877. The plaintiff, having a demand against the intestate for services rendered to him, and disbursements made for him as an attorney, on the 21st of July, 1877, personally presented a claim for such services and disbursements to the administrators, amounting in the aggregate to $2,554.25, in the form of a bill of particulars. On the 31st of July, 1877, the attorney for the defendants wrote a…
2Cases cited1 opinion
- Field v. . FieldNew York Court of Appeals · 1879
3Cited by5 opinions
- In re the Estate of GallAppellate Division of the Supreme Court of the State of New York · 1899
- Brainerd v. DeGraefNew York Supreme Court · 1899
- Clarke v. Presidio CountyCourt of Appeals of Texas · 1904
- Henning v. MillerNew York Supreme Court · 1894
- Effray v. MassonCity of New York Municipal Court · 1891