Magnin v. Dinsmore
The Superior Court of New York City
The plaintiffs commenced an action against the defendant, as a common carrier, to recover the sum of $2,500. About a year after issue was joined, the defendant served upon the .plaintiffs an offer to allow judgment to be taken against him for fifty dollars, with interest and costs. . The plaintiff, on the trial, recovered only that amount. The defendant moved for an allowance.
1Opinion of the CourtSedgwick, J.
The plaintiffs have recovered a judgment for more than fifty dollars, and are, therefore, the prevailing party upon the judgment declared- by section 303 to be entitled to the costs. The costs are allowed, of course, to them; section 304. Section 307 fixes the amount of the costs, by giving different sums for the different stages of the *12proceedings in the action. Under section 309, the plaintiffs would further be entitled (as this is conceded to be a diffiéult and extraordinary case) to an allowance not exceeding five per cent, upon the amount of the recovery. This allowance is not an…
2Cited by3 opinions
- Landon v. Van EttenNew York Supreme Court · 1890
- Hirschspring v. BoeCity of New York Municipal Court · 1887
- Landon v. Van EttenNew York Supreme Court · 1890