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2 How. Pr. 151

Tears v. Van Buren

New York Supreme Court

Decided April 15, 1846

New York Supreme Court · decided 1846-04-15

Motion by defendant in the second cause to have the judgment in the first cause set off against the judgment in the second cause. On the 20th November, 1844, judgment of nonpros, was perfected in the first above entitled cause in favor of the defendant for $25.70 costs. On the 19th September, 1845, a verdict was rendered in favor of the plaintiff in the second entitled cause for $87.15, and judgment perfected on the 10th of January, 1846, for $142.49 damages and costs.

Decided 1846-04-15

Beardsley, Justice.

¶1Held that the information or notict given by plaintiff’s attorney to defendant’s attorney, of the mistake, was not a discontinuance of the first suit, and defendant had a right to go on and enter his judgment for costs.

¶2Motion granted, without costs.

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