In re the Final Accounting of Vieu
New York Supreme Court
Motion for a new taxation of costs. Upon a final accounting of the assignee the following items were disallowed by the clerk in his bill of costs, viz.: Costs before notice of trial, twenty-five dollars; trial fee, issue of fact, thirty dollars; trial occupying more than two days, ten dollars. The assignee excepted to such. ruling and brought on this motion.
1Opinion of the CourtGiegerioh, J.
While it is the practice on an accounting by an assignee for the benefit of creditors to allow such costs as would be awarded on the trial of an issue of fact in a civil action (Matter of Rauth, 10 Daly, 52, 56), I fail to perceive upon what theory a trial fee and costs before notice of trial can be taxed where, as is conceded in this matter, no objections to the account were filed or presented upon the reference. Ho authority has been cited in support of their allowance, under such circumstances, and diligent research has failed to discover any. The case of Cohen v. Cohen, 72 Hun, 393, is,…
2Cases cited2 opinions
- In re the Assignment of Rauth & SonNew York Court of Common Pleas · 1880
- Cohen v. CohenNew York Supreme Court · 1893
3Cited by1 opinion
- City Tax Lien Co. v. MurrayNew York Supreme Court · 1915