Whitman Co. v. Travers Bailey Co.

Appellate Terms of the Supreme Court of New York

Whitman Co. v. Travers Bailey Co.

96 N.Y.S. 172

Appellate Terms of the Supreme Court of New York·Decided November 24, 1905·Published·Cited by 1 cases

Opinion

PER CURIAM.

After the trial had commenced and one witness had been examined, plaintiff moved to discontinue the action, which motion was granted, on payment of $10 costs. The defendant thereafter made a motion to correct the indorsement of the decision made by the justice on the summons by substituting $20 costs for $10 costs. The motion was denied, and . defendant appeals from the [173] order denying the motion. Municipal Court Act, Laws 1902, pp. 1585, 1586, c. 580, § 332, subds. 3, 6, and Blum v. O’Connor (Sup.) 84 N. Y. Supp. 207, apply here. Where the summons demands between $200 and $300, and the action is discontinued, the defendant gets $10 costs.

Order affirmed, with costs and disbursements.

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PER CURIAM.

After the trial had commenced and one witness had been examined, plaintiff moved to discontinue the action, which motion was granted, on payment of $10 costs. The defendant thereafter made a motion to correct the indorsement of the decision made by the justice on the summons by substituting $20 costs for $10 costs. The motion was denied, and . defendant appeals from the [173] order denying the motion. Municipal Court Act, Laws 1902, pp. 1585, 1586, c. 580, § 332, subds. 3, 6, and Blum v. O’Connor (Sup.) 84 N. Y. Supp. 207, apply here. Where the summons demands between $200 and $300, and the action is discontinued, the defendant gets $10 costs.

Order affirmed, with costs and disbursements.

Whitman Co. v. Travers Bailey Co., 96 N.Y.S. 172 (N.Y. Ct. App. 1905).

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