Pike v. . Johnson
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court of the eighth judicial district, affirming an order of the Erie County Court, setting aside taxation of appellant’s costs and ordering taxation of respondent’s costs. Plaintiff served an offer that judgment be reduced to fifty dollars, which was not accepted. The facts sufficiently appear in the opinion.
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Appeal from an order of the General Term of the Supreme Court of the eighth judicial district, affirming an order of the Erie County Court, setting aside taxation of appellant’s costs and ordering taxation of respondent’s costs. Plaintiff served an offer that judgment be reduced to fifty dollars, which was not accepted. The facts sufficiently appear in the opinion. In determining whether recovery is more favorable than offer, defendant’s disbursements and costs in justice’s court should be deducted from offer. (Ponto v. Phelps, 36 How., 19; Baldwin v. Brown, 37 How., 385.) In determining…
1Per curiam
The plaintiff recovered a judgment in a court of a justice of the peace for eighty-four dollars. The defendant appealed to the County Court, under the 371st section of the Code, and stated in his notice of appeal that the judgment ought to have been for six dollars instead of eighty-four. The plaintiff, under the same section, served an offer that the judgment be reduced to fifty dollars. This offer the defendant did not accept. The action, after the lapse of nearly six years, was tried in the County Court, and the plaintiff obtained a verdict of fifty dollars damages. But the jury in…
2Cited by7 opinions
- Sanborn-Cutting Co. v. ButlerOregon Supreme Court · 1919
- Rose v. WellsAppellate Division of the Supreme Court of the State of New York · 1904
- Thornall v. CrawfordNew York Supreme Court · 1901
- Brown v. NicholsCity of New York Municipal Court · 1885
- Gotthelf v. StranahanNew York City Court · 1892
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