Cornwell v. Sheldon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Benjamin Sheldon and another, as executors, etc., from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Columbia on the 12th day of April, 1909, denying the defendants’ motion to strike from a judgment theretofore entered herein the costs against them contained in said judgment, and to allow costs in their favor.
1Opinion of the Court
Cochrane, J.:
Plaintiffs were awarded a verdict of $175 at the trial of this action, which was instituted to recover $700 damages for a breach of covenant contained in a deed of a farm conveyed by defendants’ testator to the plaintiff Nettie Cornwell. At the trial it appeared ‘that she had conveyed her interest in the farm to her husband, Levi Cornwell, and an order was then entered making him a party plaintiff with his wife, and the trial proceeded. The judgment is in form in favor of both plaintiffs. Costs were taxed in favor of the plaintiffs and were included in the judgment. The judgment…
2Cases cited1 opinion
- La Grange v. MerrittAppellate Division of the Supreme Court of the State of New York · 1904