Kautz v. Vandenburgh
New York Supreme Court
Appeal from Albany county court. Action by George Kautz against Harry Vandenburgh to recover for work and materials. There was a verdict in favor of plaintiff for $105, and plaintiff’s costs were taxed by the clerk, and judgment entered in his favor, with costs. From an order vacating and setting aside the taxation of costs in favor of plaintiff, and directing taxation of costs in favor of defendant against plaintiff, plaintiff appeals. Reversed.
1Opinion of the CourtPutnam, J.
The action was brought to recover for work and materials. The complaint, served May 2, 1893, set up one cause of action, and demanded judgment for $179.61. On the 1st day of June, defendant, pursuant to section 738 of the Code of Civil Procedure, served an offer to allow a judgment for $105 and costs, and on the same day served an answer denying plaintiff’s cause of action, and setting up two counterclaims. The offer was not accepted. Afterwards, plaintiff served an amended complaint setting up an additional cause of action, and demanded judgment for $246.51. The defendant served an answer to…
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
3Cited by3 opinions
- Thornall v. CrawfordNew York Supreme Court · 1901
- Shearer v. Hutchinson CountySouth Dakota Supreme Court · 1897
- United States Mortgage & Trust Co. v. HodgsonCity of New York Municipal Court · 1899