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BROFFE v. HORTON

No. 118, Docket No. 21161.

173 F.2d 565 (1949)

BROFFE v. HORTON.

United States Court of Appeals, Second Circuit.

March 23, 1949.

Attorney(s) appearing for the Case

Walsh & Levine, of New York City (William F. Walsh and James Harte Levenson, both of New York City, of counsel), for plaintiff-respondent.

Satterlee, Warfield & Stephens, of New York City (James F. Dwyer and Bennett Frankel, both of New York City, of counsel), for defendant-appellant.

Before L. HAND, Chief Judge and CHASE and FRANK, Circuit Judges.

PER CURIAM.

The rules of the Supreme Court have provided for more than a hundred years1 that in case of reversal, costs shall be allowed "unless otherwise ordered by the court." That is now embodied in Rule 32(3) of the rules of that court, 28 U.S. C.A.; and our own Rule 30(2) is even stronger: "costs, so far as taxable, shall be allowed as of course to the prevailing party unless the course otherwise directs." No doubt that allows...

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