Majority
p. 580Heywood Boot and Shoe Company, Resp’t, v. Murray N. Ralph, App’lt. (Supreme Court, General Term, Third Department, Filed December 4, 1894.)
Headnote
Tendee—Payment into court.Payment of money into court on the day of trial is too late to keep a tender good.
Appeal from a judgment in favor of plaintiff.
Lawrence Bussell, for app’lt; F. N. Oleaveland (Ledyard P. Male, of counsel), for resp’t.
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 cc-urt 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. Phenix Ins. Co., 118 id. 165; 28 St. Rep. 788 .
The judgment should be affirmed, with costs.
All concur.
Cases cited
- Becker v. Boon 61 N. Y. 317 p. 580