¶1In this case the suit was for the foreclosure of a mortgage. There were numerous parties defendant, three of whom put in separate answers. The cause was noticed for trial, and finally *631an inquest was taken for about three thousand five hundred dollars as the amount due. The plaintiff claimed an allowance under the code in addition to the costs, and the court, after hearing the defendants’ counsel, allowed him two per cent, on the amount recovered. The court held, that in making these allowances, it would be governed by what appeared to be a reasonable and moderate counsel fee under the circumstances of each case.
2 Sandf. 630
Sheldon v. Allerton
The Superior Court of New York City
Decided January 20, 1849
The Superior Court of New York City · decided 1849-01-20
<p>The allowance in addition to the costs, under section 263 and 264 of the code of procedure of 1848, will be what the court deem a reasonable and moderate counsel fee in the cause.</p>
Cited by 2 later decisions — most recently November 1895
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1849-01-20
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