Tiffany v. St. John
New York Supreme Court
' This was an appeal by the defendant from a judgment for the plaintiff, entered in favor of the latter upon the verdict of a jury. The plaintiff sued to recover for the conversion of a canal boat, and the defendant sought to justify under a judgment and execution out of the Marine Court of New York city.
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' This was an appeal by the defendant from a judgment for the plaintiff, entered in favor of the latter upon the verdict of a jury. The plaintiff sued to recover for the conversion of a canal boat, and the defendant sought to justify under a judgment and execution out of the Marine Court of New York city. It appeared that the sheriff of New York had seized a canal boat belonging to the plaintiff under an attachment from* the Marine Court in favor of the defendant, and afterward, upon .execution in the action, proceeded to sell the boat; that the defendant was present at the sale and took part…
1Opinion of the CourtMullin, P. J.
A tender of money does not discharge a debt, but it does relieve the debtor from damages and costs. (Wolcott v. Van Santvoord, 17 J. R., 248, 253; Trovinger v. McBurney, 5 Cow., 253.)
And although the debt is not discharged, a lien given or obtained as security for it is discharged by a tender. (Jackson v. Crafts, 18 J. R., 110; Kortright v. Cady, 21 N. Y., 343 ; Hartley v. Tatham, 1 Robt., 240; Cady v. Kortright, 1 Keyes, 222.)
It was held in Crozer v. Pilling (4 B. & C., 26), that the plaintiff in a case, to whom the amount remaining due on a *156judgment had been tendered, together with the…
2Cases cited3 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Hartley v. TathamNew York Court of Appeals · 1864
- Trovinger v. M'BurneyNew York Supreme Court · 1825
3Cited by1 opinion
- Lord v. . TiffanyNew York Court of Appeals · 1885