Legal Opinion

Bank of Attica v. Wolf

New York Supreme Court

Decided September 15, 1859PublishedCited by 2 opinions

Appeal from, order of special term, denying motion to set aside judgment for irregularity. The action was upon a note made by the defendant Wolf, payable to the order of one Corning, and indorsed by the latter and one Meach. The action was against the maker and the indorsers, and the defendants answered separately. Wolf obtained a verdict upon the trial upon a plea of infancy. The plaintiff 'had a verdict against the other defendants.

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Appeal from, order of special term, denying motion to set aside judgment for irregularity. The action was upon a note made by the defendant Wolf, payable to the order of one Corning, and indorsed by the latter and one Meach. The action was against the maker and the indorsers, and the defendants answered separately. Wolf obtained a verdict upon the trial upon a plea of infancy. The plaintiff 'had a verdict against the other defendants. Wolf procured his costs to be adjusted and entered judgment therefor against the plaintiff, without any award therefor by the court. A motion was made at…

1Opinion of the Court

By the court—Harvest, Justice.

By section 304 of the Code, costs are allowed, of course, to the plaintiff, upon a recovery in an action for the recovery of money, when he recovers fifty dollars or more, and, by section 305, the defendant is entitled to costs, of course, in the actions mentioned in section 304, unless the plaintiff be entitled to costs therein. The action in this case is one of those mentioned in section 304, and the defendant was entitled to costs, of course, unless such right is affected and controlled by section 306. In that section it is declared, “In other actions costs…

2Cases cited1 opinion

  1. Hoyt v. United StatesSupreme Court of the United States · 1850

3Cited by2 opinions

  1. Haye v. RobertsonThe Superior Court of New York City · 1874
  2. Heye v. RobertsonThe Superior Court of New York City · 1874

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