Williams v. Cassady

Learned, P. J. —

The ease of Allis agt. Wheeler (56 N. Y., 50), while it overruled the case of Daniel agt. Lyon *491(9 N. Y., 549), does not seem to touch the present question. The opinion holds that section 306 (old Oode) establishes “ the conditions upon which one or more of several defendants might recover costs against a plaintiff who should recover agadjust other defendamos.” And such is the clear meaning of that section. The words “ when the plaintiff fails to recover judgment against all ” do not mean “ when the plaintiff fails to recover judgment against any.” They mean when the plaintiff…