President v. Baxter
New York Supreme Court
These were separate actions on the same promissory note, against the several defendants, as maker and separate endorsers. All the causes being noticed for trial at the last Oneida circuit, they were ordered by the circuit judge to be put off, on payment of costs. These were taxed at the full costs of the circuit in each cause.
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These were separate actions on the same promissory note, against the several defendants, as maker and separate endorsers. All the causes being noticed for trial at the last Oneida circuit, they were ordered by the circuit judge to be put off, on payment of costs. These were taxed at the full costs of the circuit in each cause. The defendant refused to pay according to the taxation ; insisting that he was hound to pay full costs in only one of the causes, and disbursements only in the others, and claiming that the statute of April 21,1818, (sess. 41, c. 259, s. 6,) extended to the case. He…
1Opinion of the Court
Curia.
This motion cannot be granted, on the ground of irregularity. The statute, (sess. 41, ch. 259, s. 6,) regulating the costs of several suits on the same instru-naent or note, &c. against maker and endorsers, &c. applies only to the general, not to the interlocutory costs of the cause.
But there is an affidavit of merits. It is objected that this is made by the maker, who is not the nominal defendant in the three causes. He is, however, a party to the instrument; and asserts his acquaintance with the facts in each cause ; and that the defence is the same in all. We think this sufficient,…
2Cited by2 opinions
- Johnson v. LynchThe Superior Court of New York City · 1857
- Tyrer v. ChewCourt of Appeals for the D.C. Circuit · 1895