Conklin v. Lupton

New York Supreme Court

Conklin v. Lupton

1 Wend. 30

DecidedMay 15, 1828

StatusPublished

This text of 1 Wend. 30 (Conklin v. Lupton) 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

Conklin v. Lupton, 1 Wend. 30 (N.Y. Super. Ct. 1828).

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Opinion

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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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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Bluebook (online)

1 Wend. 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conklin-v-lupton-nysupct-1828.