27 Jones & S. 95
The Superior Court of New York City
Decided February 13, 1891
The Superior Court of New York City · decided 1891-02-13
Appeal by defendant from so much of a judgment dismissing a complaint as grants an additional allowance to the plaintiff computed upon the amount of a counter-claim.
Decided 1891-02-13
¶1The plaintiff not having succeeded in the action, which was for a money demand, is not entitled to an additional allowance. Nor was there any judgment in his favor on the counter-claim. §§ 3228, 3234, Code Civil Procedure.
¶2The part of the judgment appealed from by defendant is reversed.