Burnett v. Westfall
New York Supreme Court
Motion by defendant for costs against plaintiff, and for an extra allowance, &c., and that defendant’s costs be set off against the recovery by plaintiff.
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Motion by defendant for costs against plaintiff, and for an extra allowance, &c., and that defendant’s costs be set off against the recovery by plaintiff. The action was upon a promissory note made by the defendant to Joseph Westfall or bearer, dated November 26, 1852, for $449.70, payable one day after date, with a payment indorsed at date of the note of $18.67. The summons and complaint were served September 16, 1856, and claimed judgment for the amount of the note, deducting the amount of the payment indorsed, with interest on the balance from the time the note became due. On the 22d…
1Opinion of the Court
Welles, Justice.
The plaintiff’s counsel contends that the defendant’s offer was' insufficient, on the ground that it" did not allow the plaintiff to'take judgment for a specific amount. Section 385 of the Code provides as follows: “ The defendant may, at any time before the trial or verdict, serve upon the plaintiff an offer in writing to allow judgment to be taken against him for the sum or property, or to the effect therein specified, with costs. • If the plaintiff accept the offer, and give notice thereof in writing within ten days, he may file the summons, complaint and offer, with an…
2Cited by1 opinion
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