Schneider v. Jacobi
The Superior Court of New York City
The plaintiff declared on a note made by defendant, for the sum of $78 50 due July 20; 1852, and fot a mahogany chair sold and delivered about thel9th June, 1852, of the value of $18, and claimed judgment for $97 25 with interest from 20th July, ■ 1852. The defendant, in his answer, submitted both the note and the account, and set up a counter-claim on which he claimed to' be allowed $30. After serving the answer, and on the 14th September, 1852, the defendant served on the…
Read the full summary
The plaintiff declared on a note made by defendant, for the sum of $78 50 due July 20; 1852, and fot a mahogany chair sold and delivered about thel9th June, 1852, of the value of $18, and claimed judgment for $97 25 with interest from 20th July, ■ 1852. The defendant, in his answer, submitted both the note and the account, and set up a counter-claim on which he claimed to' be allowed $30. After serving the answer, and on the 14th September, 1852, the defendant served on the plaintiff an offer that he might take judgment for $68 04. The offer was not accepted. The cause was tried on the 9th of…
1Opinion of the CourtBosworth, J.
The Code provides that “ if the plaintiff fail to obtain a more favorable judgment” (than the one offered), “ he cannot recover costs, but must pay the defendant’s costs from the time of the offer.”
If he had accepted the offer, he might have entered a judgment on the 14th of September, 1852, for $68 04, exclusive of costs. The $68 04, with interest to March 9th, 1853, amounts to $70 32. On that day, he obtained a verdict for $69 40. A judgment for'that sum would be less favorable to the plaintiff by the sum of $0 92, than the one entered upon the offer, according to its terms. He therefore…
2Cited by10 opinions
- Tompkins v. . IvesNew York Court of Appeals · 1867
- Fieldings v. MillsThe Superior Court of New York City · 1858
- Budd v. JacksonNew York Supreme Court · 1863
- Kautz v. VandenburghNew York Supreme Court · 1894
- Dusenberry v. WoodwardThe Superior Court of New York City · 1855
5 more not listed; retrieve them via the Exa API.