Levene v. Hahner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jennie Levene, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 28th day of February, 1901, reversing an order of the General Term of the City Court of the city of Rew York* and affirming an order, of the Special Term of said City Court.
Read the full summary
Appeal by the plaintiff, Jennie Levene, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 28th day of February, 1901, reversing an order of the General Term of the City Court of the city of Rew York* and affirming an order, of the Special Term of said City Court. This action was commenced in the District Court to recover the sum of one hundred dollars and interest because of the defendant’s negligence resulting in the loss of a bicycle intrusted to him as a common carrier for delivery-. The answer was a general…
1Opinion of the Court
O’Brien, J.:
Costs are regulated by statute and therein must be found the answer to the question, when' raised, as to what costs and in whose favor the same are taxable. Sections 3228 and 322.9 of the Code of Civil Procedure provide that the plaintiff is entitled to recover costs only when he obtains a judgment for fifty dollars or more, and, if he fails to recover such judgment, then the defendant is entitled to costs. These sections are undoubtedly controlling as to all actions commenced in courts of record; but it remains to be determined whether they affect actions commenced in a District…
2Cases cited3 opinions
- McKuskie v. . HendricksonNew York Court of Appeals · 1891
- Glackin v. ZellerNew York Supreme Court · 1868
- Peet v. WarthThe Superior Court of New York City · 1858
3Cited by5 opinions
- Blum v. O'ConnorAppellate Terms of the Supreme Court of New York · 1903
- Barry v. WinkleAppellate Terms of the Supreme Court of New York · 1901
- Lauria v. CapobiancoCity of New York Municipal Court · 1902
- Hildas v. Central Hudson Steamboat Co., New York County Courts1910
- Kochman v. HefterAppellate Terms of the Supreme Court of New York · 1902