Conaughty v. . the Saratoga County Bank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made November 21 1882, which affirmed an order of Special Term granting to defendant an extra allowance. (Reported below, 28 Hun, 373.) This action was brought to restrain defendant from the further exercise of its franchises and privileges on the ground of certain specified violations of the law under which it was organized. The defendant succeeded in the action.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made November 21 1882, which affirmed an order of Special Term granting to defendant an extra allowance. (Reported below, 28 Hun, 373.) This action was brought to restrain defendant from the further exercise of its franchises and privileges on the ground of certain specified violations of the law under which it was organized. The defendant succeeded in the action. The value of the moneyed assets of the defendant after payment of its debts was found to be §100,000; aside from this no evidence was…
1Opinion of the Court
Huger, Ch. J.
Extra allowances to the successful party in a litigation are regulated by statute, and must be governed strictly by the provisions of the law authorizing them. Among the cases in which it is provided that they may be granted are “ difficult and extraordinary cases,” and in this respect this case is within the provisions of the statute. The amount of such allowance cannot in any case exceed the sum of $2,000, and is further limited to a sum not exceeding five per centum “upon the sum. recovered, or claimed, or the value of the subject-matter involved.” (§ 3253, Code of Civil Pro.)…
2Cases cited6 opinions
- Lattimer v. . LivermoreNew York Court of Appeals · 1878
- The Atlantic Dock Company v. . LibbyNew York Court of Appeals · 1871
- Struthers v. . PearceNew York Court of Appeals · 1873
- Weaver v. . ElyNew York Court of Appeals · 1880
- O. L.C.R.R. Co. v. . v. C.R.R. Co.New York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Standard T. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
- Home Ins. Co. v. State of New York. 1Supreme Court of the United States · 1886
- Campbell v. . EmslieNew York Court of Appeals · 1907
- Standard Trust Co. v. New York Central & Hudson River RailroadNew York Court of Appeals · 1904
- Kovarsky v. Brooklyn Union Gas Co.New York Supreme Court · 1939
27 more not listed; retrieve them via the Exa API.