Dingee v. Shears
New York Supreme Court
Appeal from an order of tbe City Court of Yonkers by which a judgment for thirty-eight dollars and sixteen cents, rendered in this action in favor of the defendant and against the plaintiff, was set off against so much of the judgment in the same action for $132.06 in favor of plaintiff and against the defendant. The plaintiff sued the defendant to recover $600. The defendant made an offer to allow judgment for $108, which was not accepted.
Read the full summary
Appeal from an order of tbe City Court of Yonkers by which a judgment for thirty-eight dollars and sixteen cents, rendered in this action in favor of the defendant and against the plaintiff, was set off against so much of the judgment in the same action for $132.06 in favor of plaintiff and against the defendant. The plaintiff sued the defendant to recover $600. The defendant made an offer to allow judgment for $108, which was not accepted. The action was tried January 2, 1878, and the plaintiff obtained a verdict for $108, thus giving costs to the defendant. On January 25, 1878, the…
1Opinion of the Court
Barnard, P. J.:
The right to set off interlocutory costs has been established. (Doe v. Allsop, 9 B. & C., 760 ; Doe v. Carter, 8 Bing., 330.)
In cases where the plaintiff was entitled to judgment and the defendant to costs there could be but one record. (3 Wend., 308.) The plaintiff made a suggestion upon the record of the defendant’s right to costs, and if he refused to do so the court would compel it. This was done to avoid circuity. The present case arises under the Code and is new to the old practice.
By reason of a failure upon the part of the plaintiff to recover a verdict in excess of an…
2Cases cited1 opinion
- Fobes v. MeigsNew York Supreme Court · 1829