People ex rel. Union Bank v. New York C. P.
New York Supreme Court
Taxation of costs. This was a motion fora mandamus to the judges of the New-York C. P., requiring them to re-tax the plaintiffs’ bill of costs, in. an action brought in that court against the relators by James P. Wright. . The action was upon 27 notes, commonly called bank bills, issued by the relators, of the denomination of $5 and upwards, amounting in all to $260. The summons, besides the usual money counts and an insimul computassent, contained 27 special counts, or one…
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Taxation of costs. This was a motion fora mandamus to the judges of the New-York C. P., requiring them to re-tax the plaintiffs’ bill of costs, in. an action brought in that court against the relators by James P. Wright. . The action was upon 27 notes, commonly called bank bills, issued by the relators, of the denomination of $5 and upwards, amounting in all to $260. The summons, besides the usual money counts and an insimul computassent, contained 27 special counts, or one count on each note, and the folios amount to 186. The declaration was like the summons, except in the commencement and…
1Opinion of the Court
By the Court,
Bronson, J.
There can be no doubt that a summons containing some eight or ten folios, and a declaration of the same length, would have answered the purpose • of enforcing the plaintiffs’ demand, equally as well as the voluminous papers which were prepared and used. But that would have made a difference of about 200 dollars in the bill of costs. The notes might have been given in evidence under the money counts in pursuance ot the act of 1832, copies of them having been served with the declaration. Statutes, sess. of 1832, p. 489, § 2. But the money counts were all that was…
2Cases cited5 opinions
- Olcott v. RathboneNew York Supreme Court · 1830
- Irwin v. DeyoNew York Supreme Court · 1829
- Bank of Niagara v. AustinNew York Supreme Court · 1831
- Pitcher v. ClarkNew York Supreme Court · 1829
- Steuben County Bank v. StephensNew York Supreme Court · 1835
3Cited by3 opinions
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