Browning, King Co. v. . Chamberlain
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The payment of the said sum of $850 to the defendant in this action during said proceeding was not a tender or payment into court.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The payment of the said sum of $850 to the defendant in this action during said proceeding was not a tender or payment into court. (People ex rel. Terwilliger v. Chamberlain, 140 App. Div. 503; Benjamin v. Benjamin, 5 N. Y. 385.) Title to the sum of money so…
1Opinion of the CourtMiller, J.
The plaintiff instituted a summary proceeding in the Municipal Court of the city of New York against Frank W. Terwilliger for a failure to pay rent. The tenant admitted that $850, one month’s rent, was due. The landlord claimed a larger sum. The tenant interposed an answer, but did not plead a tender. On the trial he tendered the plaintiff the sum of $850, which the latter refused, and thereupon over the plaintiff’s objection he paid over said sum to the clerk of the Municipal Court, the defendant in this action. The proceeding resulted in a final order upon which a warrant to dispossess the…
2Cases cited5 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Wilson v. . DoranNew York Court of Appeals · 1888
- Brown v. FergusonNew York Supreme Court · 1846
- Mann v. . SproutNew York Court of Appeals · 1906
- People ex rel. Terwilliger v. ChamberlainAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by6 opinions
- 609 Holding Corp. v. BurkeNew York Supreme Court · 1952
- Dante v. MiniggioCourt of Appeals for the D.C. Circuit · 1924
- People ex rel. Luke v. NuhnNew York Supreme Court · 1915
- Sea Gate Hotel Co. v. NahmmacherAppellate Terms of the Supreme Court of New York · 1920
- People ex rel. Kilgallon v. NuhnAppellate Division of the Supreme Court of the State of New York · 1916
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