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Marx v. Manhattan Ry. Co.

3 N.Y.S. 113 Court N.Y. Cir. Ct. Decision date 1888-11-28 English

Delivered by Barrett, J.

Contents

Majority

p. 113
Marx v. Manhattan Ry. Co.
(Circuit Court, New York County.
November 28,1888.)

Headnote

Costs—Suits in Forma Pauperis—Extra Allowance.
Where a person suing in form a pauperis has agreed to pay his attorney a reasonable compensation out of the recovery, which is substantial, an extra allowance should he denied.
Action by Pierce Marx against the Manhattan Railway Company for personal injuries. Plaintiff sued in forma pauperis, and obtained judgment. Motion by plaintiff for an extra allowance.
Aaron Iiahne, for plaintiff. Davies, Cole & Rapallo, for defendant.

As the plaintiff sued as a poor person, no costs could have been recovered against him, nor could the court have granted an extra allowance against him. Under such circumstances, it does not seem to be just to burden the defendant with an extra allowance. The attorney for the plaintiff testified that in the common pleas action he had an agreement for one-quarter of the recovery, and that in the present action he was to receive a reasonable compensation for his services. The plaintiff can therefore recompense him out of the recovery, which is substantial. In my judgment, therefore, the application for an extra allowance should be denied.