Fairbanks v. Camp
New York Supreme Court
Question of costs. This was an action of debt, on a bond given by a deputy sheriff and his sureties, conditioned for the faithful discharge of the duties of the office of deputy. The plaintiff assigned "six breaches : four of which related. to one default of the deputy, and two to another. The cause of action in the four breaches was the same ; the breaches differing only in form. So of the two breaches. The plaintiff recovered a verdict.
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Question of costs. This was an action of debt, on a bond given by a deputy sheriff and his sureties, conditioned for the faithful discharge of the duties of the office of deputy. The plaintiff assigned "six breaches : four of which related. to one default of the deputy, and two to another. The cause of action in the four breaches was the same ; the breaches differing only in form. So of the two breaches. The plaintiff recovered a verdict. On the cause of action set forth in the four breaches, the jury assessed the plaintiff’s damages at $437.43, and on the cause of action set forth in the two…
1Opinion of the Court
By the Court, Nelson, Ch. J.
The question is, are the defendants entitled to costs 'J If they are, it must be under the 26th § of 2 R. S. 617, subd. 2 : “ Where there are two or more distinct causes of action in separate counts, the plaintiff shall recover costs on those issues which are found for him ; and the defendant on those which are found in his favor.” This section was intended as a substitute for § 10. 1 R. L. 519. The case before us does not fall within the terms of the act, and I am inclined to think is not within its intent.
The legislature seem to have had in their minds two…
2Cases cited1 opinion
- Wright v. WilliamsNew York Supreme Court · 1829
3Cited by2 opinions
- Burrows v. StateIndiana Supreme Court · 1894
- Floyd v. CaroNew York Court of Common Pleas · 1881