United States Mortgage & Trust Co. v. Hodgson
City of New York Municipal Court
Appeal from an order awarding the defendant-respondent judgment on a counterclaim in default of a reply or demurrer thereto, and vacating a judgment entered herein by the plaintiff-appellant upon an offer and acceptance of judgment, unless the appellant stipulated to deduct from said judgment the amount of the defendant’s counterclaim.
1Opinion of the CourtSchuchman, J.
The plaintiff brought an action against the defendant to recover $109.10 for water rents alleged to be owing by the defendant to an estate of which the plaintiff is the substituted trustee. On February 6, 1899, the defendant served an offer of judgment for $96.75, with interest from the 28th of July, 1898, and costs. On February tenth, the defendant served an answer containing a counterclaim for $12.35, with interest from November 27, 1897. On February fifteenth, the plaintiff served a notice accepting said offer of judgment, and the following day, February sixteenth, entered judgment thereon…
Also in this document: Concurrence.
2Cases cited2 opinions
- Tompkins v. . IvesNew York Court of Appeals · 1867
- Kautz v. VandenburghNew York Supreme Court · 1894