Landon v. Van Etten

New York Supreme Court

Landon v. Van Etten

9 N.Y.S. 564, 18 N.Y. Civ. Proc. R. 127, 1890 N.Y. Misc. LEXIS 268

DecidedFebruary 3, 1890

StatusPublished

This text of 9 N.Y.S. 564 (Landon v. Van Etten) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Landon v. Van Etten, 9 N.Y.S. 564, 18 N.Y. Civ. Proc. R. 127, 1890 N.Y. Misc. LEXIS 268 (N.Y. Super. Ct. 1890).

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Opinion

Barrett, J.

There can be no doubt that the defendants are entitled to-costs. The offer expressly included interest on $1,500 from.March 30,1884, to the date of the service of the offer, August 9, 1889. Thus the sum actually offered, even without interest thereafter, considerably exceeded the-amount for which the verdict was directed. But I am constrained to deny an extra allowance upon the authority of Magnin v. Dinsmore, 47 How. Pr. 11. I cannot find any case questioning the rule there laid down, though it. [565]*565certainly seems unjust that the party successful in the real controversy cannot have adequate compensation. The motion must therefore be denied, but without costs.

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Barrett, J.

There can be no doubt that the defendants are entitled to-costs. The offer expressly included interest on $1,500 from.March 30,1884, to the date of the service of the offer, August 9, 1889. Thus the sum actually offered, even without interest thereafter, considerably exceeded the-amount for which the verdict was directed. But I am constrained to deny an extra allowance upon the authority of Magnin v. Dinsmore, 47 How. Pr. 11. I cannot find any case questioning the rule there laid down, though it. [565]*565certainly seems unjust that the party successful in the real controversy cannot have adequate compensation. The motion must therefore be denied, but without costs.

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Bluebook (online)

9 N.Y.S. 564, 18 N.Y. Civ. Proc. R. 127, 1890 N.Y. Misc. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landon-v-van-etten-nysupct-1890.

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