Majority
p. 278Enoch H. Gurney, Resp’t, v. The Union Transfer & Storage Co., App’lt. (New York Superior Court, General Term, Filed February 6, 1890.)
Headnote
Costs—Extba Allowance.In equity cases it is proper for the referee to make an additional allowance in the conclusion of law.
Appeal by defendant from an order denying defendant’s motion to strike out from judgment a provision for an additional sum as costs, and for a stay of proceedings upon the judgment
Henry 0. Andrew, for app’lt; A. G. Fransioli, for resp’t.
It isgeneral practice for a referee to make an additional allowance, by a provision in the conclusion of law in an equity case. The action involved the plaintiff’s right to shares, and to a certificate as evidence of his ownership of them. Their value was shown by the testimony in the case when it appeared that the defendant agreed to transfer the shares in consideration of receiving property from plaintiff agreed by the parties to be of the nominal value of the shares to be transferred.
It was within the discretion of the court to refuse to stay the proceedings without security from defendants.
The judgment and order should be affirmed, with costs.
Freedman, J., concurs.