Lunn v. F. W. Woolworth Co. F. W. Woolworth Co. v. Lunn

In the United States District Court for the Northern District of California, in an action for damages for infringing a patent, plaintiff, Annette S. Lunn, obtained a verdict and a judgment against defendant, F. W. Woolworth Company, for $10,938 and costs. Plaintiff moved to amend the judgment by increasing the amount thereof. Defendant moved to set aside the verdict and for a judgment in its favor notwithstanding the verdict or for a new trial. An order was entered denying both motions. Plaintiff appealed from that part of the order which denied her motion. Defendant appealed from the judgment.

To prevent plaintiff from executing the judgment pending the appeal therefrom, defendant obtained a stay thereof by giving a supersedeas bond in the sum of $12,000. The bond was executed by a surety company. For executing the bond, defendant paid the surety company a premium of $480.

We dismissed plaintiff’s appeal and reversed the judgment. The premium paid to the surety company for executing the bond was claimed by defendant and, over plaintiff’s objection, was allowed and taxed by the clerk of this court as a part of defendant’s costs. Plaintiff, contending that this was improper,…