Landon v. Van Etten

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

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. certainly seems unjust that the party successful in the real controversy cannot have adequate compensation. The motion must therefore be denied, but without costs.