Gori v. Smith
The Superior Court of New York City
This was an appeal from an order allowing the defendant five per cent on the amount of the plaintiff’s claim. The only papers produced on the appeal, as those on which the motion was heard, were the pleadings in the action. The order did not recite that any papers were used on the motion. It was made by the justice before whom the action was tried, after hearing counsel on both sides.
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This was an appeal from an order allowing the defendant five per cent on the amount of the plaintiff’s claim. The only papers produced on the appeal, as those on which the motion was heard, were the pleadings in the action. The order did not recite that any papers were used on the motion. It was made by the justice before whom the action was tried, after hearing counsel on both sides. The complaint claimed twenty thousand dollars damages for non-completion of a contract for the purchase of lands, and the defendant, in his answer, besides setting up a defense, set up a counter-claim for twenty…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The Court of Appeals having held in the case óf The People v. The N. Y. Central Railroad Co., (referred to in S. C. in 30 How. Rep. 149,) that an order for an allowance in addition to costs was appealable, it becomes necessary that the facts on which the motion for them is made should be presented'in such a mode as to *564have them passed upon by an appellate court on appeal. The principle announced was, that “an order which peremptorily and finally charged a party with the payment of a sum of money more than he ought to pay, affected his rights not merely in form…
2Cases cited1 opinion
- Cook v. DickensonThe Superior Court of New York City · 1852