Majority
p. 263(82 Hun, 418.) HEYWOOD BOOT & SHOE CO. v. RALPH. (Supreme Court, General Term, Third Department, December 4, 1894.) Argued before MAYHAM, P. J., and PUTNAM and HERRICK, JJ.
Headnote
Tender—Payment into Court.Payment of money into court on the day of trial is too late to make a tender good.
Appeal from circuit court, St. Lawrence county.
Action by Heywood Boot & Shoe Company against Murray N. Ralph for price of goods sold. There was a judgment in favor of plaintiff, and defendant appeals.
Affirmed.
Lawrence Russell, for appellant.
F. N. Cleaveland (Ledyard P. Hale, of counsel), for respondent
The judgment in this case should be affirmed. The defendant did not keep his tender good, by paying the amount thereof into court at the commencement of this action, and alleging that fact in the answer. It was not paid into court until the day of trial, —too late to stop the costs of the action, and too late to stop the running of interest, the purposes for which it is required the tender should be made, and kept good by a deposit in court. Becker v. Boon, 61 N. Y. 317 ; Halpin v. Insurance Co., 118 N. Y. 165 , 23 N. E. 482 . The judgment should be affirmed, with costs. All concur.
Cases cited
- Becker v. Boon 61 N. Y. 317 p. 263
- Halpin v. Phenix Insurance 118 N. Y. 165 p. 263