New York Supreme Court, 1891

Quimby v. Claflin

New York Supreme Court · Decided July 2, 1891 · Pratt

15 N.Y.S. 508; 39 N.Y. St. Rep. 793; 60 Hun 585; 1891 N.Y. Misc. LEXIS 18 (New York Supplement)

Counsel

Vanderpoel, Green & Cuming, for appellants. Minott M. Silliman, for respondent.

Opinion of the Court

Pratt, J.

• The language of the Code is not entirely clear, and much diversity is found in the decisions to which it has given rise. But the weight *509of authority seems to be that a defendant does not so “recover” as to entitle him to costs unless an affirmative judgment is rendered in his favor. The special term adopted that construction, and as it seems to be supported by most of the decisions, the order appealed from should be affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.