Decker v. Gardner

Decker, in 1850, commenced an action in the Superior Court of the city of Hew York against Gardner, and one Matthews, for the alleged wrongful taking and conversion by them of a promissory note. The defendants answered separately, denying the allegations of the complaint. On the trial, the plaintiff recovered against the defendant Matthews upwards of $2,000, and the defendant Gardner obtained a verdict in his favor. The defendant Gardner moved at a special term for costs, and for an extra allowance under sections 308 and 309 of the Code of 1849. The court decided that he was entitled to…