Heckemann v. Young
New York Supreme Court
On rehearing. This case, on the first hearing, (5 N. Y. Supp. 212,) being considered on a mistaken theory as to the facts, a rehearing was granted. 7 H. Y. Supp. 946, 949. Code Civil Proc. H. Y. § 738, provides: “The defendant may, before the trial, serve upon plaintiff’s attorney a written offer to allow judgment to be taken against him for a sum, or property, or to the effect therein specified, with costs.
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On rehearing. This case, on the first hearing, (5 N. Y. Supp. 212,) being considered on a mistaken theory as to the facts, a rehearing was granted. 7 H. Y. Supp. 946, 949. Code Civil Proc. H. Y. § 738, provides: “The defendant may, before the trial, serve upon plaintiff’s attorney a written offer to allow judgment to be taken against him for a sum, or property, or to the effect therein specified, with costs. If there are two or more defendants, and the action can be severed, a like offer may be made by one or more defendants, against whom a separate judgment may be taken.”
1Opinion of the CourtBrady, J.
This action was brought to recover the sum of $5,892.28, with interest from May 1, 1886, due from the defendants, as copartners. Both of the defendants appeared, but by separate attorneys, the complaint having been amended in the mean time. The defendant Adams, on the 19th of January, 1887, withdrew his answer, and consented to the entry of judgment by ■default. The defendant Young already being in default for his failure to answer, judgment was entered against both defendants on the 20th of January, 1887. Subsequently, and on the 2d May, 1887, an order was made vacating the judgment as to…
2Cases cited2 opinions
- Candee v. . SmithNew York Court of Appeals · 1883
- Heckemann v. YoungNew York Supreme Court · 1889
3Cited by4 opinions
- Friedman v. . BlaunerNew York Court of Appeals · 1919
- Kuhs v. Flower City Tissue Mills Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Sinclair v. HollisterNew York Court of Common Pleas · 1891
- Potter v. GatesNew York Supreme Court · 1890