Aikins v. Colton

New York Supreme Court

Aikins v. Colton

3 Wend. 326

CourtNew York Supreme Court

DecidedOctober 15, 1829

StatusPublished

Cited by2 cases

This text of 3 Wend. 326 (Aikins v. Colton) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aikins v. Colton, 3 Wend. 326 (N.Y. Super. Ct. 1829).

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Opinion

By the Court,

Savage, Ch. J.

The taxing officer properly rejected those charges. The payment of the money into court was an admission of the plaintiff’s demand to that amount. The plaintiff, therefore, had a good cause of action until the payment of the money, and until then the defendant had no defence. The defendant is entitled only to the costs incurred in the defence subsequent to the payment of the money into court. (2 Barnes, 230. 1 T. R. 629. id 710. 8 T. R. 408.) The motion, therefore, is denied.

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By the Court,

Savage, Ch. J.

The taxing officer properly rejected those charges. The payment of the money into court was an admission of the plaintiff’s demand to that amount. The plaintiff, therefore, had a good cause of action until the payment of the money, and until then the defendant had no defence. The defendant is entitled only to the costs incurred in the defence subsequent to the payment of the money into court. (2 Barnes, 230. 1 T. R. 629. id 710. 8 T. R. 408.) The motion, therefore, is denied.

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Bluebook (online)

3 Wend. 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aikins-v-colton-nysupct-1829.

Opinion

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