The Frisia and The John N. Parker; Kitchin v. The John N. Parker

The Frisia and The John N. Parker. Kitchin v. The John N. Parker. (District Court, E. D. New York. May 11, 1885.) Costs — Foreign Commission—Evidence — Customary Rate—Reasonable Charge. In the absence of evidence to show the existence at the place of executing a commission of a customary rate of charges for commissioner’s services, or for like services, proof that the sum actually paid the commissioner is a reasonable sum for like work at the place of payment is sufficient to warrant the allowance of thedtem as a disbursement properly made to secure the execution of the commission. See S. C. 24 Fed. Rep. 495. In Admiralty. Jas. K. Hill, Wing & Shoudy, for libelants. Benedict, Taft & Benedict, for the John N. Parker. Reported by R. D. & Wyllys Benedict, Ésqs., of the New York bar. [MAJORITY — Benedict, J.] Benedict, J. In the absence of evidence showing the existence at the place of executing a commission to take testimony of a customary rate of charges for services rendered by the commissioner in executing the commission, or for like services, I am of the opinion that proof of the fact that the sum actually paid the commissioner is a reasonable sum to pay for like work at the place of payment will warrant the allowance of the item as a disbursement properly made to secure the execution of the commission. If the decision in the case of Sedgwick v. Grinnell, 10 Ben. 6, was intended to apply to a case where there is no proof of the existence at the place of executing the commission of a customary rate of charges for like services, I am unable to agree with it. In this case the proof is, in my opinion, sufficient to justify the allowance of $130.25 as a proper disbursement to secure the execution of the commission.