Magnin v. Dinsmore
The Superior Court of New York City
Elise Magnin sued William B. Dinsmore, as president of a joint stock company; and defendant offered to allow judgment, which plaintiff did not accept, but went to trial and recovered a verdict not more favorable than the offer. The judge who presided at the trial, therefore, awarded to the defendant all costs subsequent to the offer.
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Elise Magnin sued William B. Dinsmore, as president of a joint stock company; and defendant offered to allow judgment, which plaintiff did not accept, but went to trial and recovered a verdict not more favorable than the offer. The judge who presided at the trial, therefore, awarded to the defendant all costs subsequent to the offer. Upon the taxation of the costs by the clerk, the plaintiff claimed that he was entitled to the costs of the action for all proceedings up to the time of the offer. The clerk allowed this claim, against defendant’s objection, and the defendant appealed to the court
1Opinion of the CourtFreedman, J.
In section 385 of the Code, as amended by chapter 479 of the Laws of 1851, p. 903, the words “and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant’s costs,” are separated from the words “from the time of the offer” by a comma, thus showing clearly that it was the intention of the legisla*332ture, which then for the first time enacted the prohibition of plaintiffs’ recovery of costs in the cases contemplated by said section, to enact that such prohibition should run from the time of defendants’ offer, and -6 ' should not relate back as…
2Cases cited1 opinion
- Burnett v. WestfallNew York Supreme Court · 1858
3Cited by1 opinion
- Hirschspring v. BoeCity of New York Municipal Court · 1887