Smith v. Kerr
New York Supreme Court
Appeal from special term, Erie county. Action by John B. Smith against Abram T. Kerr. Defendant appeals from an order denying his motion for a relaxation of costs.
1Opinion of the CourtBradley, J.
This action is a consolidation of three actions, in which, respectively, the defendant’s attorneys prepared offers of judgment, annexed to each of them the affidavit of authority required by the statute, (Code Civil Proc. §-740,) and delivered copies of such offers and affidavits to the plaintiff’s attoruey. The originals were retained by the defendant’s attorneys, and, with their office and its contents, were destroyed by fire. The offers were not accepted by the plaintiff, and the recovery by him was not more favorable than the offers, and for that reason the defendant claimed that he was,…
2Cases cited4 opinions
- Barnard v. HeydrickNew York Supreme Court · 1866
- Williams v. Van ValkenburgNew York Supreme Court · 1858
- Riggs v. . WaydellNew York Court of Appeals · 1879
- Brainerd v. HeydrickNew York Supreme Court · 1866
3Cited by4 opinions
- Italian Mosaic & Marble Co. v. City of Niagara FallsNew York Supreme Court · 1928
- Kieley v. Central Complete Combustion Manufacturing Co.New York Court of Appeals · 1895
- Soper v. Town of GreenwichAppellate Division of the Supreme Court of the State of New York · 1900
- Terrell v. Meisenhelder, New York County Courts1932