Mark v. . City of Buffalo
New York Court of Appeals
These were cross-appeals from an order of the General Term of the Supreme Court, in the fourth judicial department, made June 29, 1881, which affirmed an order of Special Term, made on motion for retaxation of plaintiffs’ costs herein. The items objected to and the facts in relation thereto, appear in the opinion. The counsel had authority to bind their respective clients by the stipulation made touching the fees of the referees.
Read the full summary
These were cross-appeals from an order of the General Term of the Supreme Court, in the fourth judicial department, made June 29, 1881, which affirmed an order of Special Term, made on motion for retaxation of plaintiffs’ costs herein. The items objected to and the facts in relation thereto, appear in the opinion. The counsel had authority to bind their respective clients by the stipulation made touching the fees of the referees. (Code of Civil Procedure, §§ 1009, 3296; Chase v.James, 16 Hun, 14; First Nat. B'k v. Tamajo, 77 N. Y. 478; Tiffany v. Lord, 40 How. 481; Quinn v. Lloyd, 36 id. 378;…
1Opinion of the CourtFinch, J.
We have here a question of costs; in magnitude and importance it is unusual and remarkable. The plaintiffs sued the city of Buffalo and the board of supervisors of Erie county to recover one hundred and fifty thousand dollars, alleged to be due him for granite, dressed and prepared for use in the construction of a city and county hall, about to be erected in Buffalo. The action was referred to three referees, who awarded to the plaintiffs twelve thousand one hundred and forty-seven dollars and sixty-two cents damages. Judgment was entered in plaintiffs’ favor for this amount with interest,…
2Cases cited4 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- First National Bank v. . TamajoNew York Court of Appeals · 1879
- Gaillard v. SmartNew York Supreme Court · 1826
- Haynes v. MosherNew York Supreme Court · 1857
3Cited by38 opinions
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Stallo v. WagnerCourt of Appeals for the Second Circuit · 1917
- Alberti v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1889
- Levy v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Alberti v. N. Y., Lake Erie & Western RailroadNew York Court of Appeals · 1889
33 more not listed; retrieve them via the Exa API.