Quimby v. Claflin

New York Supreme Court

Quimby v. Claflin

15 N.Y.S. 508, 39 N.Y. St. Rep. 793, 60 Hun 585, 1891 N.Y. Misc. LEXIS 18

DecidedJuly 2, 1891

StatusPublished

This text of 15 N.Y.S. 508 (Quimby v. Claflin) 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

Quimby v. Claflin, 15 N.Y.S. 508, 39 N.Y. St. Rep. 793, 60 Hun 585, 1891 N.Y. Misc. LEXIS 18 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Pratt, J.

• The language of the Code is not entirely clear, and much diversity is found in the decisions to which it has given rise. But the weight [509]*509of authority seems to be that a defendant does not so “recover” as to entitle him to costs unless an affirmative judgment is rendered in his favor. The special term adopted that construction, and as it seems to be supported by most of the decisions, the order appealed from should be affirmed, with costs.

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Pratt, J.

• The language of the Code is not entirely clear, and much diversity is found in the decisions to which it has given rise. But the weight [509]*509of authority seems to be that a defendant does not so “recover” as to entitle him to costs unless an affirmative judgment is rendered in his favor. The special term adopted that construction, and as it seems to be supported by most of the decisions, the order appealed from should be affirmed, with costs.

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Bluebook (online)

15 N.Y.S. 508, 39 N.Y. St. Rep. 793, 60 Hun 585, 1891 N.Y. Misc. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quimby-v-claflin-nysupct-1891.