Bakers' Mercantile Alliance, Inc. v. Katz Bros. Baking Co.

Plaintiff sued to recover $231.25, and defendant counterclaimed for $828.

After trial the complaint was dismissed, and defendant thereupon, without introducing proof, discontinued on the counterclaim.

Defendant entered judgment in its favor for twenty-eight dollars, under subdivision 7 of section 164 of the Municipal Court Code. On plaintiff’s motion for retaxation the justice vacated the judgment and directed entry of judgment for plaintiff in the sum of twenty-five dollars, thus apparently allowing costs to plaintiff upon defendant’s discontinuance and offsetting defendant’s costs upon the1…