Madison Paper Stock Co. v. Maurice O'Meara Co.

The plaintiff sued for two hundred and eight dollars. His claim was admitted by defendant who interposed, however, a counterclaim for two hundred forty dollars and seventy-six cents. The trial established *278the counterclaim, and defendant was given judgment for the balance, thirty-eight dollars and fifty-six cents and twenty dollars costs. This was incorrect. Subdivision 7 of section 332 of the Municipal Court Act provides that the costs are based upon the sum for which the defendant “ recovers judgment”—not the amount of his counterclaim. The defendant here “ recovered judgment ” for…