Williams v. Smith — 2 Cai. 253

Majority

p. 253

Williams against Smith, President of the Columbian Insurance Company.

Headnote

If a plaintiff delay liis own verdict, interest will be taxed to him only down to the day when rendered. On granting a new trial, costs are allowed of course, unless when expressed otherwise, or for a misdirection. So if the application be denied, costs for resisting follow.

The plaintiff in this cause had recovered for a pro rata freight. Thinking himself entitled to a verdict for the whole, he, in May term last, {ante, 13,) moved for a new trial, which the court refused, but said nothing as to the costs of application. The questions now were, whether the defendant should be allowed them ; and whether, in taxing the general costs, interest should be allowed beyond the day on which the verdict was given ?

The costs of resisting the motion go to the defendant of course.^[1] As to the interest, the plaintiff has himself been the means of delaying payment. The calculation, therefore, must be carried no further down than to the day on which the verdict was rendered.

N. B. — In another cause, between the same parties, the court said, that the granting new trials was always on payment of costs, unless otherwise expressed, or when for the misdirection of a judge ; in which latter case they abided the event of the suit.

(a) (a) Exceptions to the rule, that the prevailing party is entitled to them. Green & Mosher v. Beals, post, 256; Williams v. Green, 3 Caines’ Rep. 129 ; Woods v. Hart, 3 Caines’ Rep. 96 . See ante, vol. 1, Gilliand v. Morell, 155 n. (b.)