23 How. Pr. 44
The Superior Court of New York City
Decided April 15, 1862
The Superior Court of New York City · decided 1862-04-15
This was an action brought by the plaintiff to recover the possession of personal property, the value of which, as sworn to by the plaintiff, was $60. On the trial of the cause, the jury found a verdict for the plaintiff for the return of the property, assessing the value thereof at $40. No damages were found for the detention of the property.
Decided 1862-04-15
¶1I think the judgment is irregular in that it gives costs to the defendants. The plaintiff is the prevailing party; the jury found a verdict for the return of the property to him, assessing its value at $40. This entitled the plaintiff to recover at least nominal damages; and section 304 (Code) gives to him the like amount of costs ; the plaintiff being entitled to costs of any amount, the defendant cannot recover costs.
¶2The motion should be granted, with $7 costs.