Legal Opinion

Burton v. Ringrose

New York Supreme Court

Decided February 8, 1892Published

Appeal from special term, Westchester county. Action by David G. Burton against Thomas W. Ringrose and Harriet R. Rockwell to enforce a mechanic’s lien. From a judgment for plaintiff, defendant Rockwell appeals.

1Opinion of the CourtPratt, J.

The only question raised in this case is one of law, to-wit, whether, under the offer of the defendant made in the course of the trial, the plaintiff or defendant was entitled to costs which accrued subsequent to the making of the offer. The offer is as follows, (after the caption of the suit:) “I, Harriet R. Rockwell, one of the defendants above named, do hereby offer to allow the above-named plaintiff to take judgment against me in the above-entitled action for the sum of two hundred dollars, with interest from January 1, 1890, together with costs of this action, or pay the same into court.…

2Cases cited2 opinions

  1. Hall v. DennerleinNew York Court of Common Pleas · 1891
  2. Sanger v. MerrittNew York Supreme Court · 1891

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