Perry v. Livingston
New York Supreme Court
This was an action upon contract, alleged to have been made jointly by the defendants as partners. The partnership was denied, and the referee to whom the action was referred, found that there was no partnership and made a general report for the defendants. Upon the adjustment of the costs, several questions arose which were decided by thev clerk adversely to the plaintiff, who moves for a readjustment.
1Opinion of the Court
W. F Allen, Justice.
1. The clerk erred in allowing to the defendants separate bills of costs. To defendants who succeed and who have severed on the defence and appeared by separate attorneys, separate bills of costs are allowed (Tenbroeck vs. Page, 6 Hill, 267). Where they appear by the same attorney, although they answer separately, but one bill of costs can be taxed (Albany and W. S. R. R. Company vs. Cady, 6 Hill, 265; Tracy vs. Stone, 5 How. Pr. R. 404). The rule is the same where they appear by different attorneys who are partners (Crofts agt. Rockefeller, 6 How. Pr. R. 9).
In this action…
2Cases cited1 opinion
- Christy v. ChristyNew York Court of Chancery · 1836
3Cited by4 opinions
- Gilroy v. BadgerAppellate Terms of the Supreme Court of New York · 1899
- Howell v. VelthCity of New York Municipal Court · 1887
- Mazet v. CrowCity of New York Municipal Court · 1890
- Williams v. CassadyNew York Supreme Court · 1880