Legal Opinion

Van Valkenburgh v. Doolittle

New York Supreme Court

Decided July 1, 1877PublishedCited by 4 opinions

Motion to confirm referee’s report. Benjamin F. Van Valkenburgh and Henry K. Bonk obtained a judgment on July 23, 1875, for $408.50, against Elias B. Doolittle and others. Doolittle was afterwards adjudged guilty of contempt in parting with two certain promissory notes (exceeding the judgment in amount) while under an injunction in supplementary proceedings.

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Motion to confirm referee’s report. Benjamin F. Van Valkenburgh and Henry K. Bonk obtained a judgment on July 23, 1875, for $408.50, against Elias B. Doolittle and others. Doolittle was afterwards adjudged guilty of contempt in parting with two certain promissory notes (exceeding the judgment in amount) while under an injunction in supplementary proceedings. A reference was thereupon ordered to ascertain the actual loss sustained by the plaintiffs, together with their costs and expenses. Upon the hearing before the referee evidence was given which showed that the maker of the notes was…

1Opinion of the CourtBarrett, J.

[After stating the facts.] This question was determined as far back as Davis v. Sturtevant, 4 Duer, 151. Campbell, J., there said, that “the right *75of the plaintiff to be allowed counsel fees as a part of these expenses,, was in effect determined by this court, in delivering its judgment in the People v. Compton and others (1 Duer, 512), and as this judgment has been affirmed by the court of appeals (5 Seld. 263), we think.it must now be considered as settled, that reasonable counsel fees form a part of the expenses to which, in proceedings for contempt under the statute, an aggrieved party,…

2Cases cited1 opinion

  1. People v. ComptonThe Superior Court of New York City · 1853

3Cited by4 opinions

  1. Whitman v. HainesNew York Supreme Court · 1889
  2. In re McCormickAppellate Division of the Supreme Court of the State of New York · 1909
  3. Singer v. Gerard V. Korda & Co.New York Supreme Court · 1963
  4. In re LeggatNew York Surrogate's Court · 1899

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