Legal Opinion

Morgenthaler v. Carlin

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1909PublishedCited by 2 opinions

Appeal by the plaintiff, Jacob Morgenthaler, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 1st day of December, 1908, denying the plaintiff’s motion for a retaxation of costs.

1Opinion of the Court

Hirschberg, P. J.:

The only question in dispute is the amount of fees of the referee appointed to hear and determine the issues in the action. The papers do not disclose the nature of the action excepting that it resulted in a report awarding to the plaintiff a recovery in the sum *362of $1,627.80. The referee’s fees were taxed at the sum of $610 or at the rate of $10 per hour for sixty-one hours consumed at the hearings. A further charge of $460, at the rate of $10 per day for forty-six days, which the referee claimed he was engaged in the work of the reference in examining testimony and in the…

2Cases cited1 opinion

  1. Mead v. . TuckermanNew York Court of Appeals · 1887

3Cited by2 opinions

  1. Butterly v. DeeringNew York Supreme Court · 1910
  2. Morganthaler v. CarlinAppellate Division of the Supreme Court of the State of New York · 1909

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