Pearson v. Cole

Decided October 15, 1840

New York Supreme Court · decided 1840-10-15

Taxation of costs. In assumpsit, the plaintiff recovered a verdict for $ 135. The commissioner taxed the costs at the full rate allowed by the act of 1S40, p. 327, § 1, refusing to deduct one third under 11, sub. 2. He also taxed for prospective transcripts and postage of same, {$10.

Decided 1840-10-15

¶1By the Court,

Cowen, J.

¶2The second subdivision of §>11, allows only two-thirds of the full rate of fees of attorney and counsel in cases where the plaintiff recovers a sum *653which carries costs at less than the supreme court rate. The facts before me present .one of those cases, and the deduction should have been made accordingly.

¶3It does not become necessary to settle the number of transcripts and dockets to which a party is entitled of course. No charges for disbursements can be allowed prospectively ; for none are allowed by statute, without an affidavit that they have been actually incurred. 2 R. S. 527, § 20. The taxation for prospective transcripts and postage must.accordingly be stricken out o,f the bill.

¶4Motion granted.