Larin v. Gugino

Section 1476 of the Civil Practice Act provides in substance that when there are two defendants and plaintiff recovers judgment against one but is unsuccessful as to the other defendant, the latter may, in the discretion of the court, recover costs against the plaintiff provided that such defendant was not united in pleading or in interest with the defeated defendant.

In the instant case plaintiff sued the 'defendants for the price of merchandise on the ground that the defendants were estopped to deny that they were liable as if partners. (Partnership Law, § 27.) Defendant Bianco defaulted and…