Robinson v. Taylor

New York Supreme Court

Robinson v. Taylor

12 Wend. 191

CourtNew York Supreme Court

DecidedJune 5, 1834

StatusPublished

Cited by5 cases

This text of 12 Wend. 191 (Robinson v. Taylor) 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

Robinson v. Taylor, 12 Wend. 191 (N.Y. Super. Ct. 1834).

Pincite

Opinion

By the Court,

Nelson, J.

The discontinuance without payment of costs was a nullity. The defendant having, previous to the rule for discontinuance, incurred costs by the retainer of his attorney, the plaintiff, on discontinuing his cause, was bound to pay such costs. On receiving notice of retainer, he should have ascertained when the defendant’s attorney was employed, and if employed before the entry of the rule for discontinuance, he should have paid the defendant’s costs.

Motion granted.

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By the Court,

Nelson, J.

The discontinuance without payment of costs was a nullity. The defendant having, previous to the rule for discontinuance, incurred costs by the retainer of his attorney, the plaintiff, on discontinuing his cause, was bound to pay such costs. On receiving notice of retainer, he should have ascertained when the defendant’s attorney was employed, and if employed before the entry of the rule for discontinuance, he should have paid the defendant’s costs.

Motion granted.

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Bluebook (online)

12 Wend. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-taylor-nysupct-1834.

Opinion

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