Ruggles v. Fogg
New York Supreme Court
Costs. The action was brought to recover a balance of $274‘04, claimed to be due from the defendant, upon his promissory note. The defendant, on the third of March 1851, and before answering, pursuant to the 385th section of the Code, served an offer to allow judgment to be taken against him for $230, besides costs.
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Costs. The action was brought to recover a balance of $274‘04, claimed to be due from the defendant, upon his promissory note. The defendant, on the third of March 1851, and before answering, pursuant to the 385th section of the Code, served an offer to allow judgment to be taken against him for $230, besides costs. On the same day, he served an answer, denying the allegations in the complaint, and claiming a set off to the amount of $175, for beans sold and delivered to the plaintiffs. The cause was tried on the 12th of April 1852. The defendant’s set off was the only matter litigated upon…
1Opinion of the Court
Harris, Justice.
It is conceded that the criterion by which this question is to be determined is, whether the plaintiffs have obtained “ a more favorable judgment ” than they would have obtained by accepting the offer. If they have, they are entitled to costs after the offer, as well as before. If not, the defendant is entitled to costs against them. The offer was, that the plaintiffs might take judgment for $230. That sum, with interest from the 3d of March 1851, when the offer was made, to the time of the trial, would exceed the amount of the verdict, and of course, if there were nothing…
2Cited by3 opinions
- Kautz v. VandenburghNew York Supreme Court · 1894
- Dowd v. SmithNew York Supreme Court · 1894
- Tompkins v. IvesNew York Supreme Court · 1867