¶1The 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 counter-claim. Sections 3228, 3234. The part of the judgment appealed from by defendant is reversed.
13 N.Y.S. 803
Hammann v. Jordan
The Superior Court of the City of New York and Buffalo
Decided February 13, 1891
The Superior Court of the City of New York and Buffalo · decided 1891-02-13
Action by Valentine Hammann against Bichará Jordan, to recover half the expense of building a party-wall. Defendant’s answer denied that the wall was a party-wall, and set up a counter-claim for use and occupation of his land on which it stood, and for the cost of walls he was compelled to build by reason of defect in the alleged party-wall.
Decided 1891-02-13