Atkins v. Lefever
New York Supreme Court
Appeal from an order of the special term denying a motion to retax costs. This action was brought by Jonas F. Atkins against Alonzo Lefever and Sarah C. Lefever. The material facts appear in the opinion.
1Opinion of the Court
By the Court.*—Ingalls, J.
—This action was upon a promissory note; and the defendants interposed separate answers, but by the same attorney. The answer of each defendant set up : 1st. The alteration of the note after its execution. 2d. Usury. Upon the trial both defendants prevailed, and the clerk allowed to each a separate full bill of costs against the plaintiff. The plaintiff objected to the allowance of more than one bill of costs. Upon appeal from adjustment, the special term affirmed the same, and the plaintiff appeals to this court. We are unable to agree with the special term, being…
2Cases cited6 opinions
- Brockway v. JewettNew York Supreme Court · 1853
- Bridgeport Insurance v. WilsonThe Superior Court of New York City · 1861
- Collomb v. CaldwellNew York Supreme Court · 1851
- Tracy v. StoneNew York Supreme Court · 1850
- Braden v. KakhaiserThe Superior Court of New York City · 1851
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