Brown v. Nichols

McAdam, Ch. J.

An unverified offer to allow judgment, ■signed by the defendant’s attorney, is a nullity, and the plaintiff waives nothing by retaining it and proceeding in the action (Code, § 740; 14 Hun, 387; 78 N. Y. 586; 17 Hun, 515; 56 How. Pr. 247). The offer is not amendable (14 Abb. N. C. 96), nor is it in any ease effectual unless served at least ten days before the action is reached for trial (2 Abb. N. C. 90; 10 Hun, 111; 7 How. Pr. 161). If, after making the offer, the defendant pleads a counter-claim which is proved and allowed on the trial, its amount will Be considered as part of…