Citation Numbers: 22 N.Y.S. 601, 68 Hun 97, 75 N.Y. Sup. Ct. 97, 52 N.Y. St. Rep. 45
Filed Date: 3/17/1893
Status: Precedential
Modified Date: 1/13/2023
In the account presented by the trust company it charges itself with $2,672.93, moneys collected, and credits itself with $374.85, paid out for legal services and expenses, and $131.39, for its commissions; leaving $2,121.69. The account so presented was not contested before the referee or at special term, and it was allowed as made out. The trust company made no claim before the referee or at special term for the costs of the accounting, and we are unable to see how any could have been incurred, as its account was allowed as rendered, without contest. Besides, the trust company has not appealed from the order of the special term, and no question can be raised in this court upon the refusal to allow it costs on the final accounting. By an order, but not by the judgment, entered December 20,1869, in the action, for the removal of the assignee, the attorneys for the plaintiffs were allowed $706.31 costs, and the attorneys for the defendants $518 costs. The interest on the costs of the plaintiffs’ attorneys amounted to $1,022.45, and on the costs of the defendants’ attorneys to $749.86. The special term refused to allow interest on the costs of the attorneys, and they appeal from that part of the order.