Equitable Life Assurance Society v. Hughes — 10 N.Y.S. 796

Majority

p. 796

Equitable Life Assur. Soc. v. Hughes et al.

(Supreme Court, General Term, Second Department.

July 18, 1890.)

Headnote

Costs—Taxation in Foreclosure Suits—Search of Title.

Under the statute and rules of practice in New York, fees paid by complainant In foreclosure suits for searches of title are only taxable as legal disbursements when the searches are official. Affirming 9 N. Y. Supp. 336 .

Appeal from special term, Kings county.

Foreclosure proceedings instituted by the Equitable Life Assurance Society against Mary Ann Hughes and others. Plaintiff appeals from an order sustaining the clerk’s refusal to tax to plaintiff items paid by it to the Lawyers’ Title Insurance Company for searches of title.

Argued before Barnard, P. J.. and Dykman and Pratt, JJ.

Henry Day (George Waddington, of counsel,) for appellant. Stephens B. Jacobs, for respondents.

This-is an appeal from an order vacating and setting aside an order overruling the taxation of costs in this action, and also from an order affirming the refusal of the clerk to allow certain items for disbursements for searches. The question. presented is whether the sums paid to the Lawyers’ Title Insurance Company are taxable as legal disbursements by the plaintiff in an action to foreclose a mortgage. It was decided at the special term ( 9 N. Y. Supp. 336 ) that only disbursements for official searches could be allowed in such cases, and the sum claimed by the plaintiff and rejected by the clerk, having been paid for unofficial searches, could not be taxed as a legitimate disbursement. Our examination leads us to the same conclusion, and the orders appealed from should be affirmed, with costs and disbursements. All concur.