Tompkins v. Greene
New York Supreme Court
Appeal from an order of the Westchester County Court, denying a motion made by tbe defendant for an order directing that costs be taxed by tbe clerk in bis favor.
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Appeal from an order of the Westchester County Court, denying a motion made by tbe defendant for an order directing that costs be taxed by tbe clerk in bis favor. Tbe action was brought in tbe Westchester County Court, tbe plaintiff claiming for goods, wares and merchandise sold and delivered, and for tbe rent, of certain premises occupied by tbe defendant, which claims amounted in all to the sum of $156.08. Tbe defendant answered, alleging payment, and setting up a counterclaim of $271.68. On tbe trial tbe plaintiff proved tbe whole amount of bis claim, and tbe defendant proved $113.20 of…
1Opinion of the Court
Gilbert, J.:
Tbe recovery being of a sum less than $50, tbe plaintiff is not, and tbe defendant is entitled to costs, unless tbe action belongs to a class of which courts of justices of tbe perico have not jurisdiction. *258(Code, § 304-, subd. 4; § 305, § 304, subd. 3.) They have not jurisdiction of actions involving a matter of account when the sum total of the accounts of both parties, proved to the satisfaction of the justice, shall exceed $400. (Code, § 54, subd. 4.) ■
As this action was brought, not in a court of a. justice of the peace, but in the County Court, the mode provided by the…
2Cases cited2 opinions
- Ball v. BullardNew York Supreme Court · 1868
- Fuller v. . CondeNew York Court of Appeals · 1871