Griffiths v. De Forest
New York Supreme Court
Appeal from an order respecting costs. This was an action brought by John Griffiths against Stephen De Forest and three other defendants, upon a joint and several bond. All the defendants were served with summons.
Read the full summary
Appeal from an order respecting costs. This was an action brought by John Griffiths against Stephen De Forest and three other defendants, upon a joint and several bond. All the defendants were served with summons. Two of the defendants served an offer, under section 385 of the Code, in their-own names alone, and' signed by attorneys who appeared for them alone, by which they offered “ to let judgment be taken” for the sum of the penalty of the bond, which was less than the amount claimed in the summons and complaint. The plaintiff did not accept the offer; but, upon a trial of the cause, he…
1Opinion of the Court
By the Court.—Hogeboom, J.
To entitle the defendants to costs, after serving an offer of compromise, the plaintiff must fail to obtain a more favorable judgment than the one contained in the defendants’ offer. (Code of Pro., § 385.) The judgment which the plaintiff in fact obtained, was a judgment against all the defendants for $500 and interest, besides costs. The judgment which the defendants offered to the plaintiff was a judgment for the same amount, against only two of the four defendants. The former judgment entitled the plaintiff to collect the amount of it from the joint property of…
2Cited by4 opinions
- Shepherd v. . MoodheNew York Court of Appeals · 1896
- Bannerman v. QuackenbushNew York Court of Common Pleas · 1886
- Bannerman v. QuackenbushCity of New York Municipal Court · 1885
- Bannerman v. QuackenbushNew York Court of Common Pleas · 1885