Tompkins v. Ives
New York Supreme Court
Appeal from a judgment and order of the Supreme Court. This action was brought by Loren L. Tompkins against Titus Ives, to recover for services rendered, and for board and lodging furnished to the defendant. Four days before interposing an answer to the complaint, the defendant served an offer to allow judgment to be taken for $70, besides costs and disbursements.
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Appeal from a judgment and order of the Supreme Court. This action was brought by Loren L. Tompkins against Titus Ives, to recover for services rendered, and for board and lodging furnished to the defendant. Four days before interposing an answer to the complaint, the defendant served an offer to allow judgment to be taken for $70, besides costs and disbursements. This offer was not accepted. , The defendant then answered, setting up, among other things, counter-claims for goods sold and services rendered. The cause was tried before a referee, who found, as conclusions of fact, that the…
1Opinion of the CourtPorter, J.
The import and effect of the offer must be determined by the condition of the pleadings at the time it was made. It did not mean one thing then, and another four days afterward. The answer was not designed to vary the terms of the previous proposition, but to take issue on the plaintiff’s demand, and to introduce cross-claims on the part of the defendant, for the purpose of reducing or defeating a *269recovery, if no notice was given within the ten clays allowed by law. The intermediate pleading was in its nature, provisional ; and a notice of acceptance, whether served on the first or the tenth…
2Cases cited3 opinions
- Schneider v. JacobiThe Superior Court of New York City · 1853
- Fieldings v. MillsThe Superior Court of New York City · 1858
- Ruggles v. FoggNew York Supreme Court · 1852