Bathgate v. . Haskin
New York Court of Appeals
Appeal from order of the General Term of, the Court of Common Pleas for the city and county of New York affirming an order of Special Term, denying a motion on the part of defendants to be allowed after service of an offer in the action under section 385 of the Code. (Reported below, 5 Daly, 361.) The nature of the action and the facts are sufficiently set forth in the opinion. Costs should be given to the defendants.
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Appeal from order of the General Term of, the Court of Common Pleas for the city and county of New York affirming an order of Special Term, denying a motion on the part of defendants to be allowed after service of an offer in the action under section 385 of the Code. (Reported below, 5 Daly, 361.) The nature of the action and the facts are sufficiently set forth in the opinion. Costs should be given to the defendants. (Code, § 385; Sturges v. Spofford, 58 N. Y., 103 ; Bredinbecker v. Mason, 16 How. Pr., 203 ; Keese v. Wyman, 8 id., 88 ; Hill v. Northrop, 9 id., 525; Marble v. Lewis, 36 id.,…
1Opinion of the CourtMiller, J.
The action was for the foreclosure of a mortgage, and the complaint demanded judgment against the defendants, personally, for any deficiency which might arise upon a sale of the mortgaged premises. The defendants’ answer set up a counter-claim upon an account. The answer was served on the 10th of August, 1866; and with the answer the defendants served an offer to allow judgment to be taken and entered for the sum of $2,404, with costs, and for a foreclosure and sale, pursuant to section 385 of the Code. The offer was not accepted. A judgment was obtained for $4,565.69, which was reduced by…
2Cases cited5 opinions
- Bathgate v. . HaskinNew York Court of Appeals · 1875
- Hunt v. . ChapmanNew York Court of Appeals · 1873
- Stevens v. VerianeNew York Supreme Court · 1870
- Sturgis v. . SpoffordNew York Court of Appeals · 1874
- Lumbard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1875
3Cited by10 opinions
- Kiernan v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Pfister v. StummThe Superior Court of New York City · 1894
- Kiernan v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Sanborn-Cutting Co. v. ButlerOregon Supreme Court · 1919
- Dowd v. SmithNew York Supreme Court · 1894
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