Madison Paper Stock Co. v. Maurice O'Meara Co.

Appellate Terms of the Supreme Court of New York

Madison Paper Stock Co. v. Maurice O'Meara Co.

116 N.Y.S. 672

Appellate Terms of the Supreme Court of New York·Decided May 7, 1909·Published·Cited by 1 cases

Opinion

PER CURIAM.

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.

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

PER CURIAM.

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.

Madison Paper Stock Co. v. Maurice O'Meara Co., 116 N.Y.S. 672 (N.Y. Ct. App. 1909).

Pincite

116 N.Y.S. 672 (Madison Paper Stock Co. v. Maurice O'Meara Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related