Landon v. Van Etten
New York Supreme Court
Appeal from special term, New York county. Action by George I. Landon as receiver of the Bowling Green Savings Bank against James Van Etten and Smitten "V". Tripp. Defendants offered to allow judgment for $1,500 with interest. The recovery was for $1,609.90, but at that date the amount of the offer with interest was for $2,407.25. Defendants appeal from an order denying them an extra allowance. Code Civil Proc.
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Appeal from special term, New York county. Action by George I. Landon as receiver of the Bowling Green Savings Bank against James Van Etten and Smitten "V". Tripp. Defendants offered to allow judgment for $1,500 with interest. The recovery was for $1,609.90, but at that date the amount of the offer with interest was for $2,407.25. Defendants appeal from an order denying them an extra allowance. Code Civil Proc. H. Y. § 738, provides that if plaintiff does not accept an offer of judgment made by defendant before trial, and “fails to obtain a more favorable judgment, he cannot recover costs…
1Opinion of the CourtBeady, J.
The defendant’s offer of judgment was better than the plaintiff’s recovery. He is therefore the prevailing party, and entitled to costs. The learned judge at special term thought him entitled also to an additional allow'ance, but felt constrained to refuse to grant it from want of power, his judgment in that respect yielding to the decision made in Magnin v. Dinsmore, 47 How. Pr. 11, to that effect. That case does not however discuss the question which presents itself in limine, namely, what is meant by an allowance. Justice Woodruff, in Brady v. Dubrow, 2 E. D. Smith, 78, 84, arrived at the…
2Cases cited1 opinion
- Magnin v. DinsmoreThe Superior Court of New York City · 1873
3Cited by3 opinions
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Safety Steam-Generator Co. v. Dickson Manufacturing Co.New York Supreme Court · 1891
- Shopiro v. Fairmount Building Co.Appellate Division of the Supreme Court of the State of New York · 1939