McVicar v. Keating
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Norah Keating, from an order of the City Court of Yonkers, entered in the office of the clerk of said court on the 3d day of April, 1897, denying her motion for an ■ order preventing the plaintiff from taxing costs and entering judgment on an offer of judgment served by her.
1Opinion of the Court
Goodrich, P. J. :
The plaintiff sued on a contract for work and labor, $176.81, and interest from November 13, 1894. The defendant answered, seting up a defense and counterclaim, and at the same time served an *582offer of judgment for $120 and interest from November 13, 1884, and costs. There was an evident mistake of the date from which. interest ■ was to run, and when the. plaintiff’s attorney called the attention of the defendant’s attorney to it, it was agreed between them that the error should be deemed corrected.
■ Four days after the service of the offer the defendant’s attorney served…
2Cases cited2 opinions
- Schenectady Stove Co. v. . HolbrookNew York Court of Appeals · 1885
- Stillwell v. StillwellNew York Supreme Court · 1894
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- T. M. Cobb Co. v. Superior CourtCalifornia Supreme Court · 1984
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