Tompkins v. . Ives
New York Court of Appeals
Appeal from the Supreme Court.—The action was for work, labor, and services, and board and lodgings furnished to the Defendant and his servants. The Plaintiff recovered $69.80. There was no appeal from the judgment to the General Term. The appeal to this Court is from the judgment at Special Term, on the findings of the referee, and from an order at the General Term affirming an order awarding full costs to the Plaintiff.
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Appeal from the Supreme Court.—The action was for work, labor, and services, and board and lodgings furnished to the Defendant and his servants. The Plaintiff recovered $69.80. There was no appeal from the judgment to the General Term. The appeal to this Court is from the judgment at Special Term, on the findings of the referee, and from an order at the General Term affirming an order awarding full costs to the Plaintiff. The Appellant claimed that he had made an offer more favorable to the Plaintiff than the judgment recovered, and that he was entitled to the costs which accrued subsequent…
1Opinion of the CourtPorter, J.
The import and effect of the order must be determined by the condition of the pleadings at the time it was made. It did not mean one thing then, and another four days afterward. The answer was not designed to vary the terms of the previous prohibition, but to take issue on the Plaintiff’s demand, and to introduce cross-claims on the part of the Defendant for the purpose of reducing or defeating a recovery, if no notice was given within the ten days allowed by law. The intermediate pleading was, in its nature, provisional; and a notice of acceptance, whether served on the first or the tenth…
2Cases cited1 opinion
- Schneider v. JacobiThe Superior Court of New York City · 1853
3Cited by10 opinions
- Shepherd v. . MoodheNew York Court of Appeals · 1896
- Dowd v. SmithNew York Supreme Court · 1894
- Thornall v. CrawfordNew York Supreme Court · 1901
- Abel v. BischoffAppellate Division of the Supreme Court of the State of New York · 1904
- Adolph v. De CenNew York Supreme Court · 1887
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