Akely v. Akely
New York Supreme Court
Motion to set aside judgment. The parties entered into a written agreement reciting that George 0. Akely, as administrator of Lorenzo Akely, deceased, had as such administrator, a claim and demand against James Akely, for money lent and advanced by deceased ■ to James Akely, for $150 and interest; also for the amount of a promissory note held by deceased against said James Akely for $150 or thereabouts with interest, and claimed by the administrator to have been taken by…
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Motion to set aside judgment. The parties entered into a written agreement reciting that George 0. Akely, as administrator of Lorenzo Akely, deceased, had as such administrator, a claim and demand against James Akely, for money lent and advanced by deceased ■ to James Akely, for $150 and interest; also for the amount of a promissory note held by deceased against said James Akely for $150 or thereabouts with interest, and claimed by the administrator to have been taken by James into his possession and refused to be delivered up. Also for the value of two trunks, •with their contents of…
1Opinion of the Court
Hogeboom, Justice.
The plaintiff had no right to include costs in the judgment, unless this is an ordinary action or a reference under the statute authorizing references of claims against the estates of deceased persons. (2 R. S. 88, 89.) In some cases it is true, costs follow the decisions of arbitrators, but that is only where the imposition of costs is expressly authorized by the agreement to submit to arbitration, or where the arbitrators under an authority impliedly conferred upon them by the terms of the submission, expressly award such costs. (See Nichols agt. Rens. Co. Ins.Co'y., 22…
2Cases cited3 opinions
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Nichols & Fay v. Rensselaer County Mutual InsuranceNew York Supreme Court · 1839
- In re the award between the Trustees of the Village of Amsterdam & VanderveerNew York Supreme Court · 1847
3Cited by5 opinions
- Coe v. CoeNew York Supreme Court · 1861
- Godding v. PorterNew York Supreme Court · 1864
- Brockett v. BushNew York Supreme Court · 1865
- Hovey v. HoveyNew York Supreme Court · 1887
- Stewart v. O'DonnellNew York Surrogate's Court · 1882