Barclay v. Culver
New York Supreme Court
Appeal from taxation of costs by clerk. This action was brought by plaintiff, to whom the claim in suit had been assigned, to recover, of defendant the sum of $2,500 and interest. Defendant interposed as a defense and by way of set-off two notes, which with interest were of the aggregate value of $7,996. Upon the trial judgment was rendered for plaintiff upon all the issues involved, and for the full amount claimed by her with interest.
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Appeal from taxation of costs by clerk. This action was brought by plaintiff, to whom the claim in suit had been assigned, to recover, of defendant the sum of $2,500 and interest. Defendant interposed as a defense and by way of set-off two notes, which with interest were of the aggregate value of $7,996. Upon the trial judgment was rendered for plaintiff upon all the issues involved, and for the full amount claimed by her with interest. The court granted an allowance of five per cent. Plaintiff, upon the taxation of costs by the clerk, claimed that the per centage allowed should be calculated…
1Opinion of the Court
Lawrence, J. —
I think that the plaintiff is entitled to the full allowance which she claimed on the taxation. The amount of the alleged set-off was, I think, directly involved in the case (Woonsocket Rubber Co. agt. Rubber Clothing Co., supra; Vilmar agt. Sohall, 61 N. Y., 564).
2Cases cited1 opinion
- Vilmar v. . SchallNew York Court of Appeals · 1875
3Cited by1 opinion
- Lissberger v. Schoenberg Metal Co.City of New York Municipal Court · 1885