Van Antwerp v. Ingersoll , 2 Cai. Cas. 107 ( 1804 )

Per curiam.

The plaintiff must pay costs.^* This was a plea under the act authorizing set-offs. 1 Rev. Laws, 347. The statute is positive and peremptory that judgment must be for the balance only. The penalty therefore is immaterial on this point, for the judgment is the test by which the costs are to be determined.

* 1 Rev. Laws, 530-