2 Years Transportation Progress Volume 109 (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: and 143 New York State Reporter more favorable judgment, he cannot recover costs after such offer or payment; the practice being, if the plaintiff's judgment exceeds the amount of the offer or payment, to give judgment for the full amount to which he is entitled, crediting the deposit upon the account of the judgment when entered. Dakin v. Dunning, 7 Hill, 30, 42 Am. Dec. 33. If the amount of the offer or payment equals the sum for which the plaintiff is entitled to judgment and the costs up to the time of such offer or payment, the defendant has judgment, and the plaintiff has the amount of the deposit. Becker v. Boon, 61 N. Y. 317; Dakin v. Denning, supra. The defendants having shown an indebtedness on their part to the plaintiffs of at least $147, and their deposit not being sufficient in amount to cover the admitted claim of the plaintiffs and the costs up to the time of the deposit, the judgment should have been in favor of the plaintiffs for the sum of $147 and costs; the deposit to be credited thereon. Rosenblatt v. Villamena (Sup.) 107 N. Y. Supp. 91; Levy v. Loew (Sup.) 107 N. Y. Supp. 620; R. E. Dietz Co. v. Miller-Sears-Walling Co. (Sup.) 88 N. Y. Supp. 322. Judgment reversed, and new trial ordered, with costs to appellants to abide the event. All concur. (58 Misc. Rep. 198.) PELGRAM v. EHRENZWEIG. (Supreme Court, Appellate Term. March 5, 1908.) 1. Costs?Appeal?Costs To Abide Event. Where, on reversal on appeal, costs were awarded to defendant to abido the event, and the next trial resulted lu a judgment for defendant, ami such judgment was reversed, his judgment for costs fell with the second reversal. [Ed. Note.?For cases In point, see Cent Dig. vol. 13, Costs, 938. 939, 946.] 2. Judgment?Judgment Fob Costs. Where, on reversal, cost...