THE FRISIA AND THE JOHN N. PARKER.¹
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 the item 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.

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.

¹ Reported by R. D. & Wyllys Benedict, Esqs., of the New York bar.

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