Fargo v. Hamlin
New York Supreme Court
MOTION by defendant among other things to set aside the taxation of costs in favor of the plaintiff by the clerk of Onondaga county on the ground that they were not entitled to costs because their allowance was in the discretion of the court, and they were not allowed upon the determination of the action.
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MOTION by defendant among other things to set aside the taxation of costs in favor of the plaintiff by the clerk of Onondaga county on the ground that they were not entitled to costs because their allowance was in the discretion of the court, and they were not allowed upon the determination of the action. The defendant also asks if costs are allowed the plaintiff, that they should be limited to those which had accrued prior to the time the defendant served an offer for judgment iñ their favor upon the plaintiff.
1Opinion of the CourtKennedy, J.
After commencement of proceedings to foreclose the lien filed by the plaintiff, the defendant, as the owner of the premises, served upon the plaintiff’s attorney an offer of judgment in the following form: “ The defendant, Louisa A. Hamlin, hereby offers to allow judgment to be taken against her in the action or proceeding for the sum of $200 less the claim of William J. Gillett, against Andrew J. Fargo and Curtis A. Fargo for lumber furnished them, and for which said William J. Gillett has filed a lien against the premises of the said Louisa A. Hamlin, with costs.”
It appeared upon the trial…
2Cases cited2 opinions
- Smith v. CastlersNew York Supreme Court · 1830
- Pelletreau v. MooreNew York Supreme Court · 1833