Campbell v. . Emslie
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 31, 1906, which affirmed a judgment in favor of defendant entered upon a dismissal of the complaint by stipulation and an order of Special Term granting an extra allowance. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 31, 1906, which affirmed a judgment in favor of defendant entered upon a dismissal of the complaint by stipulation and an order of Special Term granting an extra allowance. The nature of the action and the facts, so far as material, are stated in the opinion. Before a Special Term, upon an application for an extra allowance, reaches the point of exercising its discretion as to the amount of an allowance, it must determine a question of law, namely, that the case is “ a difficult…
1Opinion of the CourtO’Brien, J.
The only question presented by this appeal is the right of the defendant to an additional allowance, which was granted by the trial court and affirmed on appeal. Stating the question in another way, it is whether the case upon the conceded facts was difficult and extraordinary within the meaning of the Code.
The action was brought to recover the value of two carloads of horses, and judgment was demanded for upwards of twenty-two thousand dollars. It was an action on contract for the recovery of money only. The defendant’s answer raised an issue with respect to some of the material allegations…
2Cases cited4 opinions
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- Standard T. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
- People v. Fitchburg RailroadNew York Court of Appeals · 1892
- Wright v. FleischmannAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by7 opinions
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1932
- Ciufo v. CiufoNew York Supreme Court · 1946
- Sowma v. StateNew York Court of Claims · 1953
- Bradshaw v. City of JamestownAppellate Division of the Supreme Court of the State of New York · 1908
- Town of Brighton v. Rochester Vulcanite Pavement Co.Appellate Division of the Supreme Court of the State of New York · 1935
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