Flood v. Moore
This text of 2 Abb. N. Cas. 91 (Flood v. Moore) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
I was at first inclined to hold that the copy notes should not be allowed as a disbursement. On further reflection, however, I think they should be allowed. Suppose witnesses had been subpoenaed to prove what certain other witnesses swore to on a former trial, and the attorney on taxation testified that they were subpoenaed in good faith because he believed they might be necessary, would they not have been allowed % This motion turns on the same ground.
In anticipation of what might occur on a second trial, the notes were procured. The attorney testifies to the good faith of the procurement, and I think the disbursement is fairly within the letter of the Code.
No costs on motion.
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2 Abb. N. Cas. 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flood-v-moore-nysupct-1877.