Legal Opinion

McCarthy v. Bonynge

New York Court of Common Pleas

Decided March 14, 1884PublishedCited by 8 opinions

Appeal from a judgment of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury. The action was brought to recover treble damages for alleged excessive fees received by the defendant as an official stenographer, for a copy of stenographic notes of the testimony in a cause in the court of Oyer and Terminer. At the trial, the jury found a verdict for defendant.

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Appeal from a judgment of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury. The action was brought to recover treble damages for alleged excessive fees received by the defendant as an official stenographer, for a copy of stenographic notes of the testimony in a cause in the court of Oyer and Terminer. At the trial, the jury found a verdict for defendant. From the judgment entered thereon, plaintiff appealed to the General Term of the City Court, which affirmed the judgment; and from this decision of the General Term plaintiff appealed to this…

1Opinion of the Court

Charles P. Daly, Chief Justice.

The code fixes the compensation of official stenographers for copies of their stenographic notes fully written out of testimony or other proceedings, in a Court of Oyer and Terminer, at 10 cents per folio (§ 3311.) It also provides (§ 86) that each stenographer must upon request, furnish the defendant in a criminal cause with such a copy, with all reasonable diligence, upon the payment to him, by the person requiring the same, of the fees allowed by law. And it further pro*357vides (§ 3280) that each public officer—and the stenographers appointed by the court, come…

2Cases cited6 opinions

  1. Downing v. . MarshallNew York Court of Appeals · 1867
  2. Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
  3. Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
  4. Hatch v. MannNew York Supreme Court · 1832
  5. In the Matter of TinsleyNew York Court of Appeals · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In re Union Bank of BrooklynNew York Supreme Court · 1916
  2. Cavanagh v. O'NeillNew York Supreme Court · 1897
  3. Hohauser v. Municipal Credit UnionAppellate Division of the Supreme Court of the State of New York · 1933
  4. Kenda v. BortleNew York Supreme Court · 1955
  5. Temple v. BrooksAppellate Division of the Supreme Court of the State of New York · 1915

3 more not listed; retrieve them via the Exa API.

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