
    Henning vs. Van Tyne & M’Gowan.
    interest is not taxable with costs, where a plaintiff is delayed by a case made by the defendant, except in actions on contract.
    Interest on verdict. The plaintiff obtained a verdict in an action of trover, but was delayed in entering judgment by a case made by the defendants for a new trial. In the taxation of costs, interest was allowed by the taxing officer from the time of the verdict; and on this ground a motion was made for relaxation.
   By the Court,

Bronson, J.

The motion must be granted. Interest is taxable in such cases only where the.action is founded on contract. 1 Johns. Cas. 27. 1 Johns. R, 343. See also 2 R. S. 364, § 9.  