Pomeroy v. Hulin & Beebe
New York Supreme Court
W. F. Allen, Hubbabd and Pratt, Justices. This was an appeal from an order at special term affirming the adjustment of the costs by the clerk of Cortland county. The action was upon a promissory note, and was defended by the defendants separately, and noticed for trial by all the parties at the circuit in Cortland, commencing on Monday the 26th day of July and was placed on the calendar of causes for trial.
Read the full summary
W. F. Allen, Hubbabd and Pratt, Justices. This was an appeal from an order at special term affirming the adjustment of the costs by the clerk of Cortland county. The action was upon a promissory note, and was defended by the defendants separately, and noticed for trial by all the parties at the circuit in Cortland, commencing on Monday the 26th day of July and was placed on the calendar of causes for trial. On Thursday before the circuit, the defendants’ attorneys, by letter, requested the plaintiff’s attorney to set the cause down for trial for a particular day in the latter part of the…
1Opinion of the Court
By the Court, W. F. Allen, Justice.
We are of opinion that the clerk properly allowed to the plaintiff the expenses of the trial; that by the true construction of the 385th section of the Code of Procedure, the plaintiff has, in all cases of an offer of judgment by the defendant, ten days within which to elect whether he will accept the offer and take judgment in pursuance of it, or proceed to trial with the risk of being compelled to pay costs to the adverse party if he fail to obtain a more favorable judgment. Upon any other construction a party may be compelled to determine upon the…
2Cited by8 opinions
- Scammon v. DenioCalifornia Supreme Court · 1887
- Walker v. JohnsonNew York Supreme Court · 1853
- Mansfield v. FleckSupreme Court of Minnesota · 1876
- Weiss v. MorrellNew York Court of Common Pleas · 1894
- Brown v. NicholsCity of New York Municipal Court · 1885
3 more not listed; retrieve them via the Exa API.