Harvey v. Bardwell
New York Supreme Court
A motion was made in behalf of the defendants, that the judgment for the plaintiffs, as to costs, be set aside : and 6 .... ’ that the defendants be allowed their costs. The action was debt for the penalty of $¡500, on sealed ar-tides between the parties,by which the defendants (among other things) agreed to pay certain moneys to the plaintiffs, The breaches assigned, were in the non-payment of the . ... moneys.
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A motion was made in behalf of the defendants, that the judgment for the plaintiffs, as to costs, be set aside : and 6 .... ’ that the defendants be allowed their costs. The action was debt for the penalty of $¡500, on sealed ar-tides between the parties,by which the defendants (among other things) agreed to pay certain moneys to the plaintiffs, The breaches assigned, were in the non-payment of the . ... moneys. The same articles contained various covenants on the part of the plaintiffs, to the defendants. On the penalty for the non-performance of these covenants, the defendants had, shortly…
1Opinion of the Court
Curia.
The demand of the plaintiffs having been narrowed down to a money claim; and there being no need of the penalty to secure further breaches ; and the damages reported being only 14 dollars, and below what, in a judgment, would carry costs, the question is, whether the penalty or the damages were the proper measure of the judgment. When that is ascertained, we have a test for the costs. (13 John. Rep, 345.)
The case of Alendorph v. Stickle, (2 Cowen, 412,) was one of set off, within the statute, 1 R. L. 515, 16. It was this, which led to the distinction mentioned by the court, between…
2Cited by1 opinion
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