Nicholson v. Showerman
6 Wend. 554
Opinion
By the Court,
The motion must be denied. It is not shewn that the demand of the plaintiff was unreasonably resisted or neglected. The action was defended [555] apon the merits, and although the defence failed, it does not necessarily follow that it was improper to have made it; for aught that appears, the evidence in the case may have been nicely balanced.
Motion denied, without costs.
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Nicholson v. Showerman, 6 Wend. 554 (N.Y. Super. Ct. 1831).
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