Legal Opinion

Holcombe v. Nettleton

New York Supreme Court

Decided October 15, 1903Published

Motion by the plaintiff for certificate and order awarding him costs.

1Opinion of the CourtSpencer, J.

Costs in this action are claimed by the plaintiff on the ground that his claim against the estate of Charles F. Tahor, deceased, was unreasonably resisted or neglected by the defendant as executor, and that the defendant refused to refer the claim to a referee for determination. The claim, duly verified, was presented to the executor in February, 1902, and rejected March 26, 1902. Considerable negotiations ensued between the respective attorneys in regard to the selection of a referee, but failing to agree, this action was commenced to enforce payment. Since the amendment to section 1836 of…

2Cases cited2 opinions

  1. Hart v. HartAppellate Division of the Supreme Court of the State of New York · 1899
  2. Hoye v. FlynnNew York Supreme Court · 1900

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