Blankman v. McQueen
New York Supreme Court
Appeal by the defendant, as administrator, from so much of an order of the Supreme Court, entered in the office of the clerk of the county of New York on the 27th day of June, 1890, as awarded costs and disbursements to the plaintiff therein.
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Appeal by the defendant, as administrator, from so much of an order of the Supreme Court, entered in the office of the clerk of the county of New York on the 27th day of June, 1890, as awarded costs and disbursements to the plaintiff therein. By the order in question, which was made upon the report of a referee, in proceedings under the statute, in reference to a claim against the estate of Alfred G. McQueen by an alleged creditor thereof, it was ordered “ that the said report of the referee herein be, and the same is in all things, confirmed, and that judgment be entered for the plaintiff…
1Opinion of the Court
Yan Brunt, P. J.:
In the cases of disputed claims against an estate, which are referred under the statutes, it was held in the case of Denise v. Denise (110 N. Y., 568) that these proceedings were governed by the Revised Statutes, and their provisions controlled the question of costs. Therefore, where a claimant is entitled to costs in these proceedings, it is the costs .referred to in the Revised Statutes, and not costs as mentioned in the Code. Costs under the Revised Statutes were the disbursements, and not necessarily the allowances provided for in the fee bill in respect to actions. The…
2Cases cited2 opinions
- Denise v. . DeniseNew York Court of Appeals · 1888
- Hopkins v. . LottNew York Court of Appeals · 1888