Dowd v. Smith

This is a motion for a new taxation of costs. The defendant asks to strike out the plaintiff’s costs, awarded to him upon a taxation by the clerk of Cortland county, and to insert in the judgment in this action costs in favor of the defendant.

The action was brought by the plaintiff to recover under a contract for the Sale and partial delivery of a quantity of hay.

Before answering in the action the defendant offered to allow a judgment to be taken against him for the sum of ninety dollars and costs, which offer was not accepted within the time required by law.

The defendant thereafter answered,…