Mann v. Sprout
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles M. Mann, from so much of an order of the County Court of Niagara county, entered in the office of the cleric of the county of Niagara on the 3d day of October, 1904, as as permits the withdrawal by the defen dant of the amount of the tender theretofore paid into court, pursuant to an order directing the same.
Read the full summary
Appeal by the plaintiff, Charles M. Mann, from so much of an order of the County Court of Niagara county, entered in the office of the cleric of the county of Niagara on the 3d day of October, 1904, as as permits the withdrawal by the defen dant of the amount of the tender theretofore paid into court, pursuant to an order directing the same. The order appealed from permitted the defendant to serve an amended answer, setting up, among other things, a counterclaim to plaintiff’s alleged cause of action, upon condition that the defendant pay to the plaintiff the sum of twenty-live dollars and…
1Dissent
Spring, J. (dissenting):
The defendant tendered the money to the plaintiff before the action was commenced, and after its commencement paid the money *65into court pursuant to an order therefor (Code Civ. Proc. §§ 731-733), which provided : “ It is ordered that the defendant have leave to bring into court the sum of §51.35 admitted by them to be due plaintiff by paying the same to the County Treasurer of Niagara County.
“ And it is further ordered that the plaintiff have leave at any time to take said money out of court.”
The attorneys for the plaintiff were notified of the tender.
The effect of…
2Cases cited5 opinions
- Becker v. . BoonNew York Court of Appeals · 1874
- Wilson v. . DoranNew York Court of Appeals · 1888
- Murray v. BethuneNew York Supreme Court · 1828
- Beil v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1899
- Taylor v. Brooklyn Elevated RailroadNew York Court of Appeals · 1890