Madison Paper Stock Co. v. Maurice O'Meara Co.
This text of 116 N.Y.S. 672 (Madison Paper Stock Co. v. Maurice O'Meara Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiff sued for $208. His claim was admitted by defendant, who interposed; however, a counterclaim for $240.76. The trial established the counterclaim, and defendant was given judgment for the balance, $38,56, and $20 costs. This was incorrect. Subdivision 7 of section 332 of the Municipal Court act (Laws 1902, p. 1586, c. 580) provides that the costs are based upon the sums for which the defendant “recovers judgment,” not the amount of his counterclaim. The defendant here “recovered judgment” for $36.58, and thus was not entitled to costs.
The judgment must be modified, to exclude the $20 costs, and, as so modified, affirmed, with $10 costs on this appeal to the plaintiff.
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Cite This Page — Counsel Stack
116 N.Y.S. 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madison-paper-stock-co-v-maurice-omeara-co-nyappterm-1909.