6 Abb. Pr. 96
The Superior Court of New York City
Decided December 15, 1857
The Superior Court of New York City · decided 1857-12-15
Motion to set aside judgment for costs, and execution thereon, as irregular. The action was on a promissory note. The complaint stated the plaintiff to be indorsee and owner of a note ■ for $400, made by defendant, and demanded judgment for the $400 and interest. In November, 1854, judgment was entered against the plaintiff for the defendant for costs.
Decided 1857-12-15
¶1As the plaintiff sued in his own right, without alluding in the complaint to his representative character, section 817 of the Code does not apply. To be entitled to the immunities provided by that section; he must come before the court in a character which it protects, and seek to recover in that character. (9 Wend., 486.)
¶2Motion denied, with $7 costs.