Johnson v. Sagar
New York Supreme Court
The action was upon- a promissory note. The defendant answered. After the cause was at issue, and noticed by the defendant for trial, the plaintiff accepted the offer of the defendant to allow him to take judgment for $49.50. The defendant claimed costs in his offer, and gave notice to the plaintiff’s attorneys that he should apply to the clerk to have his costs inserted in the judgment, and incorporated into the plaintiff’s record.
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The action was upon- a promissory note. The defendant answered. After the cause was at issue, and noticed by the defendant for trial, the plaintiff accepted the offer of the defendant to allow him to take judgment for $49.50. The defendant claimed costs in his offer, and gave notice to the plaintiff’s attorneys that he should apply to the clerk to have his costs inserted in the judgment, and incorporated into the plaintiff’s record. The plaintiff’s attorneys objected, before the clerk, to the defendant’s right to costs, claiming that he had waived his right by the offer to allow the plaintiff…
1Opinion of the Court
Johnson, Justice.
The defendant was clearly entitled to have his costs of the action allowed, and had in no way for*553feited or waived his right to costs by his offer.' This offer, under the Code, is analogous to the cognovit under the former practice, and, when accepted, stands in the place of the verdict of the jury, or the decision of the court, on the trial of the issue. It is the measure of the plaintiff’s recovery; and, if sufficient in amount to entitle him to costs, the sum of his charges for costs is inserted in the entry of judgment, as a matter of course. If insufficient, then the…
2Cases cited1 opinion
- Fobes v. MeigsNew York Supreme Court · 1829
3Cited by1 opinion
- Murphy v. CaseyCalifornia Court of Appeal · 1910