Trustees of Salina v. Gilbert

New York Supreme Court

Trustees of Salina v. Gilbert

18 Wend. 300

DecidedApril 15, 1836

StatusPublished

This text of 18 Wend. 300 (Trustees of Salina v. Gilbert) 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

Trustees of Salina v. Gilbert, 18 Wend. 300 (N.Y. Super. Ct. 1836).

Pincite

Opinion

By the Court,

Nelson, J.

Had the plaintiffs recovered a sum which would have entitled them to costs as against the defendant, the attorney could not have demanded of his clients any greater or other costs than they might have demanded of the defendant in the suit. (Scott & Wigram v. Elmendorf 12 Johns. R. 315.) But the plaintiffs having failed to recover a sum entitling them to costs, the attorney may claim to be paid such costs as the plaintiffs would have been entitled to recover, had they succeeded in recovering the demand put by them into his hands for collection; that is, he may claim supreme court costs,' if the demand exceeded $250; if otherwise, only common pleas costs.

Motion denied.

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

By the Court,

Nelson, J.

Had the plaintiffs recovered a sum which would have entitled them to costs as against the defendant, the attorney could not have demanded of his clients any greater or other costs than they might have demanded of the defendant in the suit. (Scott & Wigram v. Elmendorf 12 Johns. R. 315.) But the plaintiffs having failed to recover a sum entitling them to costs, the attorney may claim to be paid such costs as the plaintiffs would have been entitled to recover, had they succeeded in recovering the demand put by them into his hands for collection; that is, he may claim supreme court costs,' if the demand exceeded $250; if otherwise, only common pleas costs.

Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

18 Wend. 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trustees-of-salina-v-gilbert-nysupct-1836.