Meech v. Churchill

2 Wend. 630

Opinion

By the Court, Savage, Ch. J.

This motion is made under the impression that this case comes within the purview of the act, (Statutes, 4th vol. 280, c.) which allows but one full hill of costs, where several suits are brought on the same instrument or note. The statute does not apply to this case; the suits were not on the same instrument or note. The guaranty is a separate, distinct contract from the note, and the plaintiff is entitled to his full costs. The motion is denied with costs.