Sheldon v. Allerton — 4 N.Y. Super. Ct. 630

Majority

p. 630

Sheldon v. Allerton and others.

Headnote

The allowance in addition to the costs, under section 263 and 264 of the code of procedure of 1848, will be what the court deem a reasonable and moderate counsel fee in the cause.

January 20, 1849.

In this case the suit was for the foreclosure of a mortgage. There were numerous parties defendant, three of whom put in separate answers. The cause was noticed for trial, and finally

p. 631

an inquest was taken for about three thousand five hundred dollars as the amount due. The plaintiff claimed an allowance under the code in addition to the costs, and the court, after hearing the defendants’ counsel, allowed him two per cent, on the amount recovered. The court held, that in making these allowances, it would be governed by what appeared to be a reasonable and moderate counsel fee under the circumstances of each case.

H. P. Hastings, for the plaintiff.

A. L. Pinney, for the defendants.