Furman v. Cunningham

Decided January 15, 1885

New York Supreme Court · decided 1885-01-15

The action was brought, under chapter 237 of 1878, to recover penalties incurred by the act of the defendant in skimming milk before sending it to a cheese factory. The plaintiffs had a verdict for forty dollars. The clerk thereupon taxed costs in favor of the defendant.

Decided 1885-01-15

By the Court :

¶1¥e ale of the opinion that the statute, chapter 237, Laws 1878, which gives a penalty not less than twenty-five dollars nor more than $100 “ with costs of suit,” authorizes the recovery of costs in this case. Section 3250 of the Code leaves that statute unaffected by the provisions of the Code relative to the recovery of costs. “ The award of costs is specially regulated ” by that statute.

¶2Order affirmed, with ten dollars costs and printing disbursements.

Present. — Learned, P. J., and Bocees, J.; Landon, J., not acting.

¶3Order allowing costs, affirmed with ten dollars costs, and printing disbursements. •