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Bank of the United States v. Strong

9 Wend. 451 Court N.Y. Sup. Ct. English

Delivered by Nelson, J.

Contents

Majority

p. 451
Bank of the United States vs. Strong.
ALBANY,
Dec. 1832.

Headnote

Costs on motion to consolidate suits will be granted, if the motion prevails.
The defendant moved to consolidate two suits prosecuted against him on promissory notes. The motion was granted, and the defendant asked for costs of motion.

By the Court,

It has not been usual to allow -costs on such motions, and therefore none will be granted in this case. But, for the future, costs will be granted where a rule for consolidation is ordered, unless a satisfactory reason is shewn for bringing two suits, where the whole demands might have been embraced in one suit