Crane v. Holcomb
New York Court of Common Pleas
Appeal from an order made at special term, denying a motion on the part of the plaintiff to vacate a judgment ent.^ed in favor of the defendant for his costs, as adjusted, after deducting therefrom the amount,, reported by the referee as due'the plain tiff in the action. The facts sufficiently appear in the following opinion A the judge who heard the motion at special term, May 8, 1858. ‘J'-'
1Opinion of the CourtHilton, J.
The plaintiff sued as indorser and holder of a promissory note made -by the defendant. The answer set up a counter claim against the payee while he was the holder of the note, and alleged that it came to the plaintiff’s possession after maturity, and subject thereto. On the trial before the referee, the greater part of the counter claim was allowed, and the plaintiff recovered hut $26.84. The report awarding this sum having been taken up by the defendant and filed, the clerk adjusted the defendant’s costs at $121.15, and after deducting the sum found due the plaintiff, judgment was entered…
2Cited by4 opinions
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