Bannerman v. Quackenbush
New York Court of Common Pleas
'■ Appeal from an order of the General Term of the City Court of New York affirming an order of the Special Term of that court, upon appeal from taxation of costs by the Clerk. The clerk had taxed costs in favor of plaintiff up to the time of the service of a written offer of judgment, and in favor of defendant John E. Quackenbush after such offer. The Special Term directed full costs to be taxed in favor of plaintiff against said defendant.
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'■ Appeal from an order of the General Term of the City Court of New York affirming an order of the Special Term of that court, upon appeal from taxation of costs by the Clerk. The clerk had taxed costs in favor of plaintiff up to the time of the service of a written offer of judgment, and in favor of defendant John E. Quackenbush after such offer. The Special Term directed full costs to be taxed in favor of plaintiff against said defendant. The action was commenced on or about January 29th, 1883, against “John E. Quackenbush & Son,” as co-partners (the complaint was amended on the trial by…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts as above.]—The first sentence of section 738 of the Code of Civil Procedure is identical with section 385 of the former Code, and provides : “ The defendant may, before the trial, serve upon the plaintiff’s attorney, a written offer to allow judgment to be taken against him for a sum or property or to the effect therein specified, with costs.” Under the former Code it was held that one joint debtor, or one co-partner, might make an offer that the plaintiff should take judgment against the defendants jointly liable, and if he were authorized to make such an offer by…
2Cases cited8 opinions
- Binney v. LeGalNew York Supreme Court · 1855
- Everson v. GehrmanNew York Supreme Court · 1854
- Bridenbecker v. JohnsonNew York Supreme Court · 1858
- Garrison v. GarrisonNew York Supreme Court · 1884
- Emery v. Emery & RedfieldNew York Supreme Court · 1854
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