Majority
p. 416Joseph Warren, an Infant, etc., Resp’t, v. Raymond Chase, App’lt. (New York City Court, General Term, Filed May 18, 1894.)
Headnote
Costs — Taxation.In a case where the costs cannot exceed the damages, they, including the disbursements, cannot be taxed in excess of that amount.
Mooney & Shipman, for app’lt; Thomas H. Bowlette, for resp’t.
The decisions are uniform that disbursements as allowed by law were always allowed by law as costs to the party entitled to recover costs. They cannot as in this case exceed the damages. § 3228, sub. 3, Code of Civil Procedure. We are clear that the justice erred in allowing the insertion of the disbursements in this case. The,plaintiff having recovered six cents for damages was only entitled to six cents costs, no matter what might be his disbursements.
The orders appealed from should therefore be reversed and the clerk’s taxation reinstated and affirmed.
Ehrlich, C. J., and Van Wyck, J., concur.