New York Supreme Court, 1845

Tae Troy City Bank v. Grant

Tae Troy City Bank v. Grant
New York Supreme Court · Decided April 15, 1845 · Bronson
1 How. Pr. 135

Counsel

J. D. Willard, Lefts Counsel., Willard, Raymond & Woodbury, Lefts Jltty., N. Hill, jr., Plffs Counsel., David Buel, jr., Plffs Jltty.

Tae Troy City Bank v. Grant

Opinion of the Court

Bronson, Chief Justice.

One third the amount of attorney and coun*136sel fees as taxed must be deducted. We have always held that the “ recovery” within the meaning of the act regulating costs, is the recovery for damages. If the plaintiff gets interest on his verdict, it is by taxation as costs. The verdict must govern, nnd the circumstance that proceedings have been stayed by case or bill of exceptions makes no difference.

Rule, deducting one-third attorney and counsel fee.

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