Warfield v. Watkins
New York Supreme Court
THIS was an appeal from a judgment of the county court of Tates county, reversing a judgment rendered by a justice of the peace in favor of the appellant, who was the plaintiff below, for $46.88, damages and costs.
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THIS was an appeal from a judgment of the county court of Tates county, reversing a judgment rendered by a justice of the peace in favor of the appellant, who was the plaintiff below, for $46.88, damages and costs. The facts out of which the alleged cause of action arose are as follows : On the 26th of January, 1855, one Scott as principal, and Alonzo Watkins and. the plaintiff as his sureties, made their promissory note for $75, payable to Samuel Miller or bearer, one year from its date. The note was transferred to Charles C. Sheppard, who brought an action upon it, in the supreme court,…
1Opinion of the Court
By the Court, T. R. Strong, J.
The payment by the plaintiff, of part of the costs of the action on the note, formed an ample consideration for the agreement in question. Whether the action had been previously discontinued or not, makes no difference in regard to this point. If it had been, clearly there was no legal claim against the plaintiff for any portion of the costs; if it had not been, he was under no obligation to pay the costs while the action was pending. Costs do not become a debt against a party to an action until judgment; unless he agrees to pay them. (Supervisors of Onondaga v.…
2Cases cited5 opinions
- Beebe v. JohnsonNew York Supreme Court · 1838
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Johnston v. BrannanNew York Supreme Court · 1810
- Newell v. FowlerNew York Supreme Court · 1857
- Hunt v. MiddlebrookNew York Supreme Court · 1857
3Cited by1 opinion
- Bronner Brick Co. v. M. M. Canda Co.New York Supreme Court · 1896