82 N.Y.S. 916 | N.Y. App. Div. | 1903
. It appears by- the petition, in this proceeding -that the rélátórs were; appointed and assigned to defend, in the Court of General
The bill for incidental services and expenses is set out in the petition and made a part thereof. It appears therefrom that services were performed by one Charles Simon, an attorney and counselor at law, under employment by the relators to investigate and confer with various persons, who are referred to in detail in the account, and take their statements concerning the transaction, the subject of investigation upon the trial. From the bill it appears that under specified dates for each specified act Simon made a uniform charge of five dollars. There are eighteen items in all, amounting in the aggregate to the sum of ninety dollars. Each item is for conference with persons therein named, taking statement, etc., except one, which is a charge for preparing a diagram of the premises where the alleged crime was committed. The charge for this item is the same as for the others. This service constitutes the incidental expense incurred by the relators and for which the judge has granted his certificate. It is evident from the bill that Simon was employed to look up witnesses and see to the marshalling of evidence for use
- This language is decisive of the present case and condemns the allowance which has been-made. The employment of • additional counsel for the purpose of investigating witnesses is not withiri the meaning of the words “ personal and incidental- expenses,” as used
It follows that the order appealed from should be reversed, with ten dollars costs and disbursements, and the application dismissed.
Patterson, O’Brien and Ingraham, JJ., concurred; Laughlin, J., dissented.
Order reversed, with ten dollars costs and disbursements, and application dismissed.