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Hoag v. Moss

1 N.Y. City Ct. Rep. 174 Court New York Marine Court. Special Term Decision date 1877-11-10 English

Delivered by McAdam, J.

Contents

Majority

p. 174
New York Marine Court. Special Term
November 10, 1877.
MARGARET HOAG against RALPH MOSS, et al.

Headnote

Where the plaintiff, in an action of replevin, recovers six cents damages, and the value of the property recovered was assessed at $30: Neld (following several cases), that.the plaintiff was, under the statute as to costs, entitled to recover the same amount of costs as damages.

The plaintiff recovered a verdict in an action of claim and delivery. The jury assessed the value of the property at $30, and awarded her six cents damages. The statute (1875, c. 479, § 45, subd. 4;

p. 175
Code of Pro. § 304), allows the plaintiff, under such circumstances, six cents costs, being the same in amount as the damages ( 8 How. Pr. 238 , 269 ; 23 Id. 44; 27 Id. 76), The clerk is directed to retax accordingly.

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