Legal Opinion

Hirschspring v. Boe

City of New York Municipal Court

Decided November 15, 1887PublishedCited by 1 opinion

Motion by the plaintiff to retax two items in the defendant’s bill of costs, $10 costs before notice of trial, and an extra allowance.

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Motion by the plaintiff to retax two items in the defendant’s bill of costs, $10 costs before notice of trial, and an extra allowance. After issue joined, and before notice of trial, defendant served "an offer to allow judgment against him for $43.75, and interest from a day named, which, up to the last day which plaintiff liad to accept the offer amounted to $5.78, making the total amount of the offer $49.53. The interest on the amount offered up to the day of trial amounted to $8.20, which made the total amount up to the day of trial $51.95. The plaintiff recovered $51.01, being 94 cents…

1Opinion of the Court

McAdam, Ch. J.

The plaintiff has recovered $51.01, and "would have been entitled to foil costs but for the offer of judgment. The right of parties to costs is determined as of the time of trial. For example : If a plaintiff sues for $49, he is not entitled to costs; but if a.defense is interposed and the claim, with interest added to the time of trial, aggregates $50, and the plaintiff has a recovery for that 'amount, he is entitled to a full bill of costs. Upon this principle and in the light of section 738 of the Code,* the plaintiff became *404entitled to $15 costs np to the time of the offer,…

2Cases cited4 opinions

  1. Burnett v. WestfallNew York Supreme Court · 1858
  2. Magnin v. DinsmoreThe Superior Court of New York City · 1873
  3. Penfield v. . JamesNew York Court of Appeals · 1874
  4. Magnin v. DinsmoreThe Superior Court of New York City · 1873

3Cited by1 opinion

  1. Potter v. GatesNew York Supreme Court · 1890

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