Manny v. Harris
New York Supreme Court
. This was an action of debt on a bond ; the cause was tried, at the circuit, in the county of Saratoga, on the 28th of April, before Mr. Chief Justice Kent.
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. This was an action of debt on a bond ; the cause was tried, at the circuit, in the county of Saratoga, on the 28th of April, before Mr. Chief Justice Kent. The bond was dated the 25th of May, 1800, and recited, that wjjerea-s Harris, by virtue of an agreement made with . J . ° Manny, was in possession of 112 acres of land, situated, &c* which lot was leased to Manny by Dirriclc, Lefferts, 0f cjty 0f JVcw- York, deceased, with a reservation of J . . . a yearly rent of 10/. 3s. 10d. and the lease contained a covenant, that if, at the expiration thereof, Manny, his heirs or assigns, should pay…
1Opinion of the CourtSpencer, J.
To defeat the plaintiff’s recovery, the defendant’s counsel rely on two points.
1. That on the trial of the suit in which Harris was plaintiff, and Manny defendant, the jury allowed the money claimed in the action.
2. That the defendant, having once tendered the principal and interest due on .the bond now in suit, the plaintiff’s remedy to maintain an action for the penalty is gone, notwithstanding the plaintiff, after the tender, and before the institution of the suit, demanded the money tendered.
The only point.in issue, in the former suit, was whether Harris had, or had not, paid and tendered…
2Cited by24 opinions
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