Alendorf v. Stickle

New York Supreme Court

Alendorf v. Stickle

2 Cow. 412

CourtNew York Supreme Court

DecidedOctober 15, 1823

StatusPublished

Cited by1 cases

This text of 2 Cow. 412 (Alendorf v. Stickle) 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

Alendorf v. Stickle, 2 Cow. 412 (N.Y. Super. Ct. 1823).

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Opinion

Curia.

The plaintiff must take costs according to his judgment, which is for the penalty. Godfrey v. Vancott, 13 John. 345.) It is peculiarly proper, in this case, that it [413]*413should be so, for the bond is conditioned, among other things, to perform covenants; and the judgment ought to stand as security for further breaches. It would have been otherwise, had it been merely for the payment of money. (Van Antwerp v. Ingersoll, 2 Caines’ Rep. 107. 1 R. L. 515, 516.)

Motion denied.

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Curia.

The plaintiff must take costs according to his judgment, which is for the penalty. Godfrey v. Vancott, 13 John. 345.) It is peculiarly proper, in this case, that it [413]*413should be so, for the bond is conditioned, among other things, to perform covenants; and the judgment ought to stand as security for further breaches. It would have been otherwise, had it been merely for the payment of money. (Van Antwerp v. Ingersoll, 2 Caines’ Rep. 107. 1 R. L. 515, 516.)

Motion denied.

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Bluebook (online)

2 Cow. 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alendorf-v-stickle-nysupct-1823.

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