Lennon v. MacIntosh

City of New York Municipal Court

Lennon v. MacIntosh

19 Abb. N. Cas. 175

CourtCity of New York Municipal Court

DecidedMay 15, 1887

StatusPublished

Cited by5 cases

This text of 19 Abb. N. Cas. 175 (Lennon v. MacIntosh) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lennon v. MacIntosh, 19 Abb. N. Cas. 175 (N.Y. Super. Ct. 1887).

Pincite

Opinion

McAdam, Ch. J.

The costs originally imposed as a condition of granting the favor then applied for, were allowed by way of penalty for the default suffered and are not to be deducted from the taxable costs to which the successful party ultimately becomes entitled (Cohn v. Husson, 13 Daly, 334, at p. 338; aff’g 3 How. Pr. N. S. 130). As the successful party is entitled'to afee for each trial, the $30 should not have been disallowed.

Retaxation ordered.

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McAdam, Ch. J.

The costs originally imposed as a condition of granting the favor then applied for, were allowed by way of penalty for the default suffered and are not to be deducted from the taxable costs to which the successful party ultimately becomes entitled (Cohn v. Husson, 13 Daly, 334, at p. 338; aff’g 3 How. Pr. N. S. 130). As the successful party is entitled'to afee for each trial, the $30 should not have been disallowed.

Retaxation ordered.

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Bluebook (online)

19 Abb. N. Cas. 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lennon-v-macintosh-nynyccityct-1887.

Opinion

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