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2 Duer 463

See v. Partridge

The Superior Court of New York City

Decided December 10, 1853

The Superior Court of New York City · decided 1853-12-10

Appeal by defendant from a judgment at special term, in favor of-the plaintiff» for $1,228,10, with costs. The action was tried before Bosworth, J,, at a special term, on the 28th May, 1853, The nature of the controversy, the questions raised and decided, and the exceptions taken, sufficiently appear in the statement of facts found, and in the opinion delivered by him.

Decided 1853-12-10

By the Court.

¶1We think that all the questions that have been argued before us were rightly decided by the judge at special term ; and we deem it unnecessary to state any reasons for our opinion, in addition to those which he has given. He might, with entire propriety, have left the parties to bear separately their own costs, but the mode in which he has exercised his discretion in relation to the costs, is not an error, if an error at all, of which the defendant has any right to complain. The judgment is, therefore, affirmed with costs.

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