Legal Opinion

Matteson v. Bloomfield

New York Supreme Court

Decided August 15, 1833PublishedCited by 9 opinions

This cause was heard before referees, who reported the amount due to the plaintiff to be eighteen dollars and twenty ■cents. The plaintiff supposing himself entitled to costs of suit, notwithstanding that the report was for a sum less than $50, applied for a rule that he be-permitted to tax his costs against the defendant on the following statement of what transpired on the hearing before the referees.

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This cause was heard before referees, who reported the amount due to the plaintiff to be eighteen dollars and twenty ■cents. The plaintiff supposing himself entitled to costs of suit, notwithstanding that the report was for a sum less than $50, applied for a rule that he be-permitted to tax his costs against the defendant on the following statement of what transpired on the hearing before the referees. The plaintiff claimed to recover for two rafts of hewed pine timber, delivered to the defendant previous to, and on the 5th November, 1831, which he alleged contained 5330 feet; also for…

1Opinion of the Court

By the Court,

Sutherland, J.

The plaintiff is not entitled to costs. His claim as established at the trial did not exceed $200. He claimed only the balance due upon the two first lots of timber, which his counsel stated to be $11,84, and the value of the last lots, which he proved to be $138,52, making together $150,36. The whole value of all the timber delivered by the plaintiff to the defendant was not claimed by him, but only the balance after deducting the payments. Those payments were made specifically on account of that transaction; they were made in money; they were properly payments,…

2Cited by9 opinions

  1. Hatch v. BentonNew York Supreme Court · 1849
  2. Lamoure v. CarylNew York Supreme Court · 1847
  3. Cooban v. BryantWisconsin Supreme Court · 1875
  4. Glackin v. ZellerNew York Supreme Court · 1868
  5. Barker v. BaxterWisconsin Supreme Court · 1844

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