Megrath & Hasbrouck v. Van Wyck
The Superior Court of New York City
This was an appeal from an order at chambers. The suit was brought to recover for oil sold and delivered, for which the plaintiff claimed $259 16. After the defendant appeared, his attorney, on the 24th of October, 1849, served on the plaintiff’s attorney, an offer in writing, that the plaintiff might take judgment against him in the action, for the sum of $238 40. The plaintiff did not accept the offer.
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This was an appeal from an order at chambers. The suit was brought to recover for oil sold and delivered, for which the plaintiff claimed $259 16. After the defendant appeared, his attorney, on the 24th of October, 1849, served on the plaintiff’s attorney, an offer in writing, that the plaintiff might take judgment against him in the action, for the sum of $238 40. The plaintiff did not accept the offer. The cause was tried in December, 1850, and a verdict rendered for the plaintiff, for $229 71, with interest from Hay 11th, 1849, which interest was $7 27. The defendant moved for an order,…
1Opinion of the Court
By the Court.
Is this order appealable under section three hundred and forty-nine of the code of procedure ? If it were properly a part of the judgment, it would come up for review on an appeal from the judgment; but we think it is not. The plaintiffs still recover a judgment for their verdict, with the costs accrued at the time of the offer. The defendant’s costs directed to be paid by this offer are collectible by force of the order, under the act of 1847. (2 Laws of 1847, page 491; 2 Sand. E. 658.) *
Considered as an order simply, it does not fall within the first, third, or fourth classes…
2Cited by1 opinion
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