Kantrowitz v. Kulla
City of New York Municipal Court
Appeal by the plaintiff from an order vacating his attachment in part. Jerome II. Kantrowitz sued Jacob Kulla and Abraham. I. Kantrowitz as copartners, and on July 27, 1887, obtained an attachment against their property. On August 3,. 1887, Abraham I. Kantrowitz served an offer to allow judgment to be taken against “ him ” in the action, for tlie; amount claimed, with interest and costs. On the following day the plaintiff accepted the offer and entered judgment thereon.
Read the full summary
Appeal by the plaintiff from an order vacating his attachment in part. Jerome II. Kantrowitz sued Jacob Kulla and Abraham. I. Kantrowitz as copartners, and on July 27, 1887, obtained an attachment against their property. On August 3,. 1887, Abraham I. Kantrowitz served an offer to allow judgment to be taken against “ him ” in the action, for tlie; amount claimed, with interest and costs. On the following day the plaintiff accepted the offer and entered judgment thereon. Nordlinger and others, subsequent attaching; creditors, thereupon moved to vacate the attachment obtained by the plaintiff,…
1Opinion of the Court
McAdam, Ch. J.
An offer to allow judgment under section 738 of the Code is hut a substitute for the former cognovit by which a defendant who had no defense, gave to the plaintiff a written confession of the action (Graham's Pr. 2d ed. 781). Assuming, therefore, that the offer provided for by section 738 is practically a written confession by the defendant making it, there is no reason why judg*323ment may not be entered against the one making it, without barring the action against the other joint debtor who did not (Coda Civ. Pro. § 1278). Prior to the enactment of this section, a judgment against…
2Cases cited5 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
- Candee v. . SmithNew York Court of Appeals · 1883
- White v. WagerNew York Supreme Court · 1860
- Rice v. MeadNew York Supreme Court · 1862
3Cited by1 opinion
- Potter v. GatesNew York Supreme Court · 1890