Nicholson v. Showerman

6 Wend. 554 | N.Y. Sup. Ct. | 1831

By the Court,

Sutherland, J.

The motion must be denied. It is not shewn that the demand of the plaintiff was unreasonably resisted or neglected. The action was defended apon the merits, and although the defence failed, it does not necessarily follow that it was improper to have made it; for aught that appears, the evidence in the case may have been nicely balanced.

Motion denied, without costs.