Hurd v. Warren

New York Supreme Court

Hurd v. Warren

23 N.Y. Sup. Ct. 622

DecidedJanuary 15, 1879

StatusPublished

This text of 23 N.Y. Sup. Ct. 622 (Hurd v. Warren) 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.

Bluebook

Hurd v. Warren, 23 N.Y. Sup. Ct. 622 (N.Y. Super. Ct. 1879).

Pincite

Opinions

Davis, P. J.:

This court has already held that the surrogate’s power to make allowances is subject to the limitations imposed by section 309 [623]*623of the Code, and can in no case exceed $2,000 to all the parties. (Down v. McGourkey, 15 Hun, 444.) It is subject, also, to the limitation of five per cent upon the amount recovered, or claim or subject-matter involved. The whole amount of the claim was $3,250 in this case, on which five per cent is $162.50. The surrogate allowed $275; that allowance must be reduced to $162.50, and the order should be modified by making such reduction and affirmed as modified.

Beady J., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Davis, P. J.:

This court has already held that the surrogate’s power to make allowances is subject to the limitations imposed by section 309 [623]*623of the Code, and can in no case exceed $2,000 to all the parties. (Down v. McGourkey, 15 Hun, 444.) It is subject, also, to the limitation of five per cent upon the amount recovered, or claim or subject-matter involved. The whole amount of the claim was $3,250 in this case, on which five per cent is $162.50. The surrogate allowed $275; that allowance must be reduced to $162.50, and the order should be modified by making such reduction and affirmed as modified.

Beady J., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

23 N.Y. Sup. Ct. 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hurd-v-warren-nysupct-1879.