New York Supreme Court, 1828

Conklin v. Lupton

Conklin v. Lupton
New York Supreme Court · Decided May 15, 1828 · Savage
1 Wend. 30

Counsel

J. R. Van Duser, for defendants., Grim, for plaintiff.

Conklin v. Lupton

Opinion of the Court

By the Court,

Savage, C. J.

The defendants are entitled to the costs of the verdict in their favor on the pleas of discharge, but not to an allowance for the pleas. The plaintiff might have confessed the pleas, and taken judgment for future effects; he is, therefore, not chargeable with the costs of putting in those pleas: but having denied the pleas, and put the defendants to the expense of a trial, he is responsible for the costs of the verdict. (See Germain v. Dakin, I Cowen, 207.)

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