Gunther v. Liverpool, L. & G. Ins. Co.
| Citation | 10 F. 830 |
| Parties | GUNTHER v. LIVERPOOL, LONDON & GLOBE INS. CO. |
| Decision Date | 07 March 1882 |
| Court | U.S. District Court — Eastern District of New York |
Geo. H Forster, for plaintiff.
Butler Stillman & Hubbard, for defendant.
BENEDICT D.J.
Prior to the enactment of the fee bill of 1853 the actual disbursements necessarily incurred and deemed reasonable were allowed in the taxation of costs in accordance with the provision in the laws of the state (2 Rev.St. 727, 3d Ed.) by virtue of the rules of court. See 1 Blatchf. 652. Such is the law now unless modified by the fee bill of 1853. That fee bill, in terms, relates to compensation of the officers named, but does contain a provision (now section 983, Rev St.) allowing clerks to include in the judgment fees for exemplifications and copies of papers necessarily obtained for use on the trial, when taxed by the judge or clerk. This provision has by some been considered as exclusive, and to forbid the taxation of any item of disbursements other than fees paid for exemplification and copies of papers, but in this circuit a different understanding has prevailed, and actual disbursements necessarily incurred have been taxed. See Hussey v. Bradley, 5 Blatchf. 134; Dennis v Eddy, 12 Blatchf. 195. The rule for this circuit, as laid down in the cases referred to, will permit in this case the taxation of the item of one dollar paid for serving the summons by which the action was commenced in the state court. It was a necessary disbursement actually made in the cause, and is now taxable by this court, by virtue of the rules of the court, as it would have been prior to the fee bill of 1853. The sum paid the stenographer by the plaintiff to obtain a copy of his minutes of the testimony given on the trial cannot be taxed, because the employment of a stenographer was not directed by the court, and there was no consent to the insertion of any part of the stenographer's charges in the bill of costs.
The item of interest on the judgment from the day of the rendition of the verdict to the day of entry of the judgment amounting to some $500, may be allowed. The delay was caused by a stay of proceedings during the pending of a motion for a new trial. This delay should not be at the plaintiff's expense. The payment of interest meanwhile might properly be deemed a condition attached to the stay; or, if not, an entry of the judgment as of the date of entering the motion for new trial might, if necessary to...
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Stallo v. Wagner
... ... minutes of the testimony furnished on the trial ... In ... Gunther v. Liverpool, London & Globe Ins. Co. (C.C.) ... 10 F. 830 (1882) District Judge Benedict ... ...
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Ferguson v. Dent
... ... 20; Coy v ... Perkins, 13 F. 111, and notes; Spaulding v. Tucker, ... 2 Sawy. 50; Gunther v. Insurance Co., 10 F ... 830. Nor, for the same reason, has it been deemed material ... for ... ...
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Corporation of St. Anthony in New Bedford v. Houlihan
...absence of an express agreement to that end as something decisively against the idea of legal taxation. Judge Benedict, in Gunther v. Liverpool (C.C.) 10 F. 830, excluded stenographic expenses upon the ground that there no consent that they should be inserted as charges in the bill of costs......
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Griffith v. Baltimore & O.R. Co.
...entertained jurisdiction. It does not appear that the practice was rested upon any New York statute. See, to the same point, Gunther v. Insurance Co., 10 F. 830, where J., says: 'The item of interest on the judgment from the day of the rendition of the verdict to the day of entry of the jud......