Strathman v. Williams & Morford Co.
City of New York Municipal Court
Action by William Strathman against the Williams & Morford Company, with counterclaim by defendant. Judgment for defendant on the merits on plaintiff’s claim and in his favor on his counterclaim for $15. Motion by plaintiff to strike out an allowance of $20 costs to defendant. Order disallowing the item of $20 costs, and directing that such sum be credited, upon the judgment and upon any execution or other mandate issued to enforce it.
1Opinion of the CourtMarks, J.
Plaintiff sued to recover $200. Defendant answered and also interposed a counterclaim of $141.44. Judgment was rendered for the defendant on the merits on plaintiff’s claim, and in defendant’s favor on his counterclaim, for $15. The clerk taxed $20 costs against plaintiff, based on the amount of plaintiff’s claim, under subdivisions 2 and 5 of section 332 of the Municipal Court act.
Plaintiff moves for a retaxation by striking out the allowance of *651costs to defendant. The defendant’s right to costs must be found in one or more of the subdivisions of section 332, and the only costs allowed to a…
2Cases cited3 opinions
- Madison Paper Stock Co. v. Maurice O'Meara Co.Appellate Terms of the Supreme Court of New York · 1909
- Madison Paper Stock Co. v. Maurice O'Meara Co.New York Supreme Court · 1909
- Ruegamer v. CieslinskieAppellate Division of the Supreme Court of the State of New York · 1905