
    Jordan vs. Sherwood and wife.
    ALBANY,
    Feb. 1834.
    A party in interest, although not the party upon the record, is liable to costs, as well those made before as after the accruing of his interest.
    The defendants, having succeeded in their defence, asked for a rule for costs against a party who was the real plaintiff in the cause, although the suit was prosecuted in the name of another. The motion was opposed on the ground that the party sought to be charged did not become interested in the suit until after its commencement, and that costs to a considerable amount having been made previous to such interest accruing, he at all events ought not to be subjected to the payment of such costs.
   By the Court,

Sutherland, J.

The party in interest is liable for the costs, as well those made before as after his interest accrued. Where a party takes an assignment of a demand in suit, he tabes it cum onere, entitled to the benefits and subject to the liabilities of the assignor.

Motion granted.  