McNally v. Rowan
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plain tiff, Robert' J. McNally, from an order of the Supreme Court, -made at the Essex Special' Term and- entered in the office of the clerk of the county of Essex -on the 9t-li day of June, 1904, granting the defendants’ motion for a.retaxation of the plaintiff’s costs. ", r - The action is one" brought' for the foreclosure of a mechanic’s lien.
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Appeal, by the plain tiff, Robert' J. McNally, from an order of the Supreme Court, -made at the Essex Special' Term and- entered in the office of the clerk of the county of Essex -on the 9t-li day of June, 1904, granting the defendants’ motion for a.retaxation of the plaintiff’s costs. ", r - The action is one" brought' for the foreclosure of a mechanic’s lien. The amount of t'he lien .claimed in the complaint was $1,576.56,'with interest from July 3, 1903. With the answer the'. defendants served an offer of judgment as follows: “The defend- - ants, Edward Rowan and Margaret J. Rowan, offer…
1Opinion of the Court
Chester, J.:. The court at Special Term made the order appealed from "wholly on the authority of Lumbard v. Syracuse, B. & N. Y, R. R. Co. (62 N. Y. 290) which was an action to foreclose a mechanic’s lien-where an offer of judgment was made in substantially the same form as here and where the court held that “.when the defendant offered judgment for a specified sum it was necessarily and legally an offer that the lien might be enforced for that sum,” and that “ the claim and offer must be construed with-reference to each other,” and, therefore, gave the defendant costs accruing after the…
2Cases cited3 opinions
- Weyer v. . BeachNew York Court of Appeals · 1880
- Kennedy v. McKoneAppellate Division of the Supreme Court of the State of New York · 1896
- Lumbard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1875
3Cited by3 opinions
- Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
- Kuhs v. Flower City Tissue Mills Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981