Heath v. Forbes
City of New York Municipal Court
Action by Francis Heath against W. C. Forbes as assignee for an insolvent firm, on two causes, viz.: for an amount due on a claim owed by firm; and for an amount due on a claim guarantied by firm. Defendant moves for a new taxation of costs.
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Action by Francis Heath against W. C. Forbes as assignee for an insolvent firm, on two causes, viz.: for an amount due on a claim owed by firm; and for an amount due on a claim guarantied by firm. Defendant moves for a new taxation of costs. Code .Civil Proc. § 3234, provides that in the actions specified in section 3228, “ wherein the complaint sets forth separately two or more causes of action, upon which issues of fact are joined, if the plaintiff recovers upon one or more of these issues, and the defendant upon the other or others, each party is entitled to costs against the adverse…
1Opinion of the CourtMcAdam, C. J.
The clerk properly refused to tax the defendant’s costs. See Cooper v. Jolly, 30 Hun, 224, affirmed, 96 N. Y. 667; Briggs v. Allen, 4 Hill, 538; Williard v. Strachan, 3 Civil Proc. R. 452; Crosley v. Cobb, 42 Hun, 167; Reed v. Batten, 6 N. Y. Supp. 708,—which must prevail against the case reported in 41 Hun, 249, (Blashfield v. Blashfield.) The rule as settled seems to be that to entitle a defendant to costs in a case where he succeeds as to one of several causes of action, nothing short of a specific verdict in his favor as to such cause of action will suffice. Action of clerk affirmed. See…
2Cases cited1 opinion
- Reed v. BattenNew York Supreme Court · 1888
3Cited by1 opinion
- McCarthy v. InnisNew York Supreme Court · 1891