Heye v. Robertson
The Superior Court of New York City
Ernest Heye sued Edwin R. Robertson and Samuel Winternitz to recover possession of personal property alleged to have been wrongfully detained from him by the defendants.
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Ernest Heye sued Edwin R. Robertson and Samuel Winternitz to recover possession of personal property alleged to have been wrongfully detained from him by the defendants. The action was tried by a referee, who dismissed the complaint as to the defendant Robertson, ‘' with costs ; ’ ’ and rendered a separate judgment in favor of the defendant Winternitz, that he have a return of the property, with damages for the taking thereof in the action by the plaintiff, and also that he have costs. The defendants appeared by the same attorneys, but put in separate answers. The clerk taxed a separate full…
1Opinion of the Court
Monell, Ch. J.
The specific award of costs to each of .the defendants by the referee is supposed to have been authorized by section 306 of the Code. That section provides that “ in other actions costs may be allowed or not at the discretion of the court. 2. In all actions where there are several defendants not united in interest, and making separate defenses by separate answers, and the plaintiff fails to recover judgment against all, the court may award costs to such of the defendants as have judgment in their favor, or any of them.”
The preceding section 304 provides that costs shall be…
2Cases cited7 opinions
- Bridgeport Insurance v. WilsonThe Superior Court of New York City · 1861
- Bulkley v. Smith, Brush, & KettletasThe Superior Court of New York City · 1853
- Decker v. . GardinerNew York Court of Appeals · 1853
- Bank of Attica v. WolfNew York Supreme Court · 1859
- Castellanos v. BeauvilleThe Superior Court of New York City · 1849
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