Baldwin v. Brown
New York Supreme Court
On the 17th day of April, 1867, the plaintiff, Baldwin, recovered against the defendant, Brown, a judgment of $50 damages and $8.05 costs, before a justice of the peace of the county of Erie.
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On the 17th day of April, 1867, the plaintiff, Baldwin, recovered against the defendant, Brown, a judgment of $50 damages and $8.05 costs, before a justice of the peace of the county of Erie. The defendant appealed to the county court, specifying in his notice of appeal the particular in which he claimed the judgment should have been more favorable to him, stating that the damages should have been for $5.00 and the costs of the justice) instead of $50.00. Whereupon the plaintiff served an offer, in writing, allowing the judgment to be corrected by being entered for $35.00 damages instead of…
1Opinion of the Court
By the court, Lamont, J.
The plaintiff’s offer in writing to allow the justice’s judgment to be corrected by being reduced from $50.00 to $35.00 damages, entitles him to the costs of the litigation, unless it can be shown that the final recovery in the county court is more favorable to the defendant than was the plaintiff’s offer. (Code, sec. 371; Reed agt. Moore, 31 How. 264; Wallace agt. Patterson, 29 id., 170.)
The final verdict in the county court was in plaintiff’s favor for $25.00 only. If we merely compare the two sums, the plaintiff’s offer and his final recovery, the figures show that…
2Cited by1 opinion
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