Decker v. . Gardiner
New York Court of Appeals
Appeal from the Superior Court of the city of New York. Decker brought an action against the defendants for the conversion of a promissory note. Both appeared by the same attorney and put in a single answer, in which, however, each defendant answered “separately and not jointly,” the matters of defence upon which he relied.
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Appeal from the Superior Court of the city of New York. Decker brought an action against the defendants for the conversion of a promissory note. Both appeared by the same attorney and put in a single answer, in which, however, each defendant answered “separately and not jointly,” the matters of defence upon which he relied. The cause was tried before Mr. Justice Duer, on the 20th of February, 1851, when a verdict was found in favor of the defendant Gardiner, and in favor of the plaintiff against Matthews. Gardiner, upon application at a special term of the court, on the 10th of May, 1851,…
1Opinion of the Court
RUGGLES, Ch. J., read an opinion in favor of affirming the judgment as to the part of the costs given under section 307 of the code upon the ground stated by Sanford J. in Comstock v.Bayard (2 Sand. S.C. Rep. 705), and as to the allowance of one hundred dollars on the ground that it was the exercise of a discretionary power given the court below with which this court could not interfere.
GARDINER, JEWETT, JOHNSON, MORSE and MASON, JJ., concurred in this opinion.
WILLARD, J., concurred in the opinion so far as it related to the ordinary costs, but was in favor of reversing the judgment on the…
2Cited by4 opinions
- Porter v. WilletThe Superior Court of New York City · 1862
- Decker v. GardnerNew York Court of Appeals · 1853
- Haye v. RobertsonThe Superior Court of New York City · 1874
- Heye v. RobertsonThe Superior Court of New York City · 1874