Bronx Fire Insurance v. Cooper

Kirby, J.,

(after stating the facts). Appellant contends that the court erred in rendering judgment for attorneys’ fees, etc., in the case, insisting that it could not do so because appellees failed to recover the amount of the claim sued for.

The court, after hearing the testimony in the case and upon the appellants’ offer to confess judgment for the amount sued for less the amount of the set-off claimed, instructed the jury that it was all appellants were entitled to, and instructed a verdict for appellees in the sum of $2,882.75. The judgment recites the offer to confess .judgment and the…