Smith v. Bowes

This is an appeal from an order of the Special Term denying the defendants’ motion for a re*321adjustment of costs. It was claimed the sum recovered was less than an unaccepted offer of judgment. The Code of Civil Procedure authorizes a written offer for a sum specified. The offer served by the defendants was for fifty-six dollars, with interest. The only sum specified is the fifty-six dollars. No significance can be given to the words “with interest,” from the impossibility of fixing any date for computation.

While the defendants’ offer must be held at fifty-six dollars, the plaintiff’s recovery…