Hanel v. Baare
The Superior Court of New York City
The plaintiffs in this action discontinued it after it was at issue, and the defendants, on entering judgment for their costs, claimed among the disbursements an item stated thus: “ Expenses of commission,____$31 22” The affidavit to the disbursements stated that the defendants paid $27.62 for exemplifications of the proceedings in the Tribunal of Commerce, at Paris, in France, set forth in the defendants’ answer; that such exemplifications were procured by the advice of the…
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The plaintiffs in this action discontinued it after it was at issue, and the defendants, on entering judgment for their costs, claimed among the disbursements an item stated thus: “ Expenses of commission,____$31 22” The affidavit to the disbursements stated that the defendants paid $27.62 for exemplifications of the proceedings in the Tribunal of Commerce, at Paris, in France, set forth in the defendants’ answer; that such exemplifications were procured by the advice of the defendants’ counsel, for the purpose of being used on the trial of this action; and that the defendants also paid…
1Opinion of the CourtRobertson, J.
The item objected to was inserted in the bill of costs, as “Expenses of commission, $31.22.” Only the ordinary affidavit was produced, of the sum having been paid or necessarily incurred. Three dollars and sixty cents of it was allowed for postage. The rest was for a copy of certain proceedings in French Tribunals, referred to in the defendants’ answer. Ko expenses had accrued on the commission.
This item was probably sufficiently set forth in detail, as required by the 311th section of the Code of. Procedure, and there was no surprise on the plaintiffs in calling it “ commission ” instead of…
2Cases cited3 opinions
- Haynes v. MosherNew York Supreme Court · 1857
- De Witt v. SwiftNew York Supreme Court · 1848
- Case v. PriceNew York Supreme Court · 1859
3Cited by2 opinions
- O'Brien v. Commercial Fire InsuranceThe Superior Court of New York City · 1874
- Rothery v. New York Rubber Co.New York Supreme Court · 1881