Burdick v. Hale
New York Supreme Court
Appeal from an order of the Special Term of the Supreme Court denying the defandant’s motion for a re taxation of costs, and that the judgment entered be amended by striking out the costs of the plaintiff, and by inserting therein the costs of the defendant, and denying also that part of the defendant’s motion which asked that the clerk be directed to enter judgment for defendant for the amount of his costs, as adjusted, less the sum of $12.02, the amount of the plaintiff’s…
Read the full summary
Appeal from an order of the Special Term of the Supreme Court denying the defandant’s motion for a re taxation of costs, and that the judgment entered be amended by striking out the costs of the plaintiff, and by inserting therein the costs of the defendant, and denying also that part of the defendant’s motion which asked that the clerk be directed to enter judgment for defendant for the amount of his costs, as adjusted, less the sum of $12.02, the amount of the plaintiff’s damages. The action was brought in the Supreme Court by Burdick & Bathbun, copartners, to recover a balance of account…
1Opinion of the CourtBockes, J.
I am of the opinion that this case was within the jurisdiction of a justice’s court. The question is whether the sum total of the accounts between the parties, exceeded $400 ; that is, as we shall hereafter see, whether the balance of accounts between the parties, after an application of all payments made by them, exceeded $400. This question is to be determined by the findings of the referee (Fuller v. Conde, 47 N. Y. 89), which in this case state specifically the claims of the respective parties, the nature of the claims, and the payments made. It must be held in mind that payments go in…
2Cases cited4 opinions
- Lamoure v. CarylNew York Supreme Court · 1847
- Matteson v. BloomfieldNew York Supreme Court · 1833
- Crim v. CronkhiteNew York Supreme Court · 1857
- Fuller v. . CondeNew York Court of Appeals · 1871
3Cited by1 opinion
- Russell v. BardesNew York Supreme Court · 1891