Goldberg v. Curhan
| Decision Date | 01 March 1955 |
| Parties | Matt GOLDBERG v. Nathan J. CURHAN and others. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Simon Leventall, Boston, for plaintiff.
Jacob Levy, Boston, Samuel B. Mannos, Boston, for defendants.
Before QUA, C. J., and LUMMUS, WILKINS, SPALDING and COUNIHAN, JJ.
The plaintiff, doing business under the name of Commercial Investigators, on July 23, 1951, brought a bill in equity complaining that the defendant Curhan, acting in control of the defendant Beacon Investigators, Inc., which was in competition with the plaintiff in the business of assisting business concerns to collect money due from delinquent debtors, has represented falsely to customers of the plaintiff that the plaintiff has discontinued his business and has been succeeded by Beacon Investigators, Inc. A master found that the misrepresentations complained of were made by servants of the defendant Curhan with his knowledge and authority. The master's report was confirmed. By the final decree an injunction was granted against the defendants Curhan and Beacon Investigators, Inc., with damages in the amount of $142 and costs. The plaintiff only appealed on three matters, (1) whether the plaintiff is entitled to recover as damages counsel fees which were not awarded him by the final decree, (2) whether the plaintiff is entitled to recover $478.47, one half the cost of the transcript of the testimony taken before the master and furnished to him and paid for by the plaintiff, and (3) whether the plaintiff is entitled to recover $212.40 paid by the plaintiff for a copy of the transcript for his own use.
The master found that the cost of the original transcript of evidence supplied to the master should be borne equally by the parties, or $478.47 by each party, as the parties had agreed. He found that there was no agreement as to the cost of the copy which the plaintiff ordered for his own use at a cost of $212.40. He found, and the parties agreed, that if the plaintiff is entitled to recover counsel fees, $2,000 is a fair and reasonable sum.
The record does not show that the plaintiff paid any part of the cost of the original transcript of evidence supplied to the master, in excess of the half which he agreed to pay. It does not appear whether the defendants' share was paid to the stenographer. We cannot say that recovery can be had by the plaintiff for that transcript.
As to the copy of the transcript supplied to the plaintiff for his own use, the general principle is clear that 'a litigant must bear his own expenses, except so far as his burden is mitigated by a statute awarding him taxable costs.' Commissioner of Insurance v. Massachusetts Accident Co., 318 Mass. 238, 241, 61 N.E.2d 137, 139.
We now consider the plaintiff's contention that the final decree ought to have awarded him counsel fees in the amount of $2,000. In suits in equity 'the costs shall be wholly in the discretion of the court, but no greater amount shall be taxed therein than is allowed for similar charges in actions at law.' G.L.(Ter.Ed.) c. 261, § 13. Taxable costs are deemed full...
To continue reading
Request your trial
-
Waldman v. American Honda Motor Co., Inc.
...334 Mass. 360, 363, 135 N.E.2d 652 (1956), citing Malloy v. Carroll, 287 Mass. 376, 384, 191 N.E. 661 (1934); Goldberg v. Curhan, 332 Mass. 310, 312, 124 N.E.2d 926 (1955). The amount of taxable witness fees is governed by G.L. c. 262, § 29. 4 We conclude that this limitation applies to all......
-
Bournewood Hosp., Inc. v. Massachusetts Commission Against Discrimination
...of counsel fees in the absence of statute or court rule as an element of a successful litigant's damages. See Goldberg v. Curhan, 332 Mass. 310, 312, 124 N.E.2d 926 (1955), and cases cited. But even as to damages we have recently stated that we take 'a restrictive view of the right of a suc......
-
Jones v. Boykan
...taxable costs, however, are recoverable as a matter of course by successful litigants. G.L. c. 261, §§ 1 et seq.”); Goldberg v. Curhan, 332 Mass. 310, 311–312, 124 N.E.2d 926 (1955), and [982 N.E.2d 1103]cases cited (“Taxable costs are deemed full compensation to the prevailing party for th......
-
Donaldson v. Boston Herald-Traveler Corp.
...redress a plaintiff's wrong, as distinguished from other counsel fees which the plaintiff has been compelled to pay. Goldberg v. Curhan, 332 Mass. 310, 312, 124 N.E.2d 926, and cases cited. MacNeil Bros. Co. v. Cambridge Sav. Bank, 334 Mass. 360, 363, 135 N.E.2d 652. See Bright v. American ......