Struthers v. . Pearce
New York Court of Appeals
Appeal by the plaintiff from so much of the judgment of the General Term of the Court of Common Pleas, of the city and county of New York, as reduces the allowance made to him at Special Term, under section 309 of the Code.
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Appeal by the plaintiff from so much of the judgment of the General Term of the Court of Common Pleas, of the city and county of New York, as reduces the allowance made to him at Special Term, under section 309 of the Code. The facts in the case on the merits are fully stated in the opinion of the chief commissioner, on an appeal by the defendants from the residue of the judgment,*and so far as they relate to this appeal are as follows: On the 18th day of March, 1868, an order was made at Special Term, by Judge Brady, who tried the issues, after hearing counsel on both sides, “ that the…
1Opinion of the Court
Lott, Ch. C.
It is stated by the plaintiff’s counsel, in his points on this appeal, that no appeal was taken from the order of March 18,1868, at Special Term, giving him an allowance, pursuant to § 309 of the Code, of $1,250, which he says “ was based upon the value of the lease ;” that the General Term, nevertheless, reduced it to $512, on the ground that an allowance under that section is only authorized upon the value of the interest of the plaintiff in the suit; and he thereupon insists that the General Term could not review an order granting an allowance upon an appeal from the judgment,…
2Cited by15 opinions
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- Weaver v. . ElyNew York Court of Appeals · 1880
- Doremus v. DoremusNew York Supreme Court · 1892
- Patterson v. BurnettNew York Supreme Court · 1889
- Adams v. . ArkenburghNew York Court of Appeals · 1887
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