Majority
p. 434Valentine Hammann, Resp’t, v. Richard Jordan, App’lt. (New York Superior Court, General Term, Filed February 13, 1891.)
Headnote
Costs—Extra allowance.The action was for a money demand and the defendant interposed a counterclaim. On the trial the complaint was dismissed. Reid, that plaintifE was not entitled to an extra allowance on the amount of the counterclaim.
Appeal by defendant from so much of a judgment dismissing a complaint as grants an additional allowance to the plaintiff, computed upon the amount of a counterclaim.
Havens & Beebe, for app’lt; Jacob F. Miller, for resp’h
The plaintiff not having succeeded in the action, which was for a money demand, is not entitled to an additional allowance, nor was there judgment in his favor on the counterclaim. Code, §§. 3228, 3234.
The part of the judgment appealed from by defendant is reversed.
Sedgwick, Oh. J., Freedman and Ingraham, JJ., concur.