Brown v. Ferguson
New York Supreme Court
Covenant for rent in arrear. After an attorney had been retained to.bring the suit, and he had drawn and sent away the declaration to be filed, but before the declaration was filed or served, the defendant tendered a sum of money which turned out on the trial to be sufficient to pay the debt; and he also tendered a further sum sufficient to pay the costs which had then accrued. But he did not bring the money into court.
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Covenant for rent in arrear. After an attorney had been retained to.bring the suit, and he had drawn and sent away the declaration to be filed, but before the declaration was filed or served, the defendant tendered a sum of money which turned out on the trial to be sufficient to pay the debt; and he also tendered a further sum sufficient to pay the costs which had then accrued. But he did not bring the money into court. The •defendant relied upon this proceeding as. a tender after suit brought. (2 R. S. 553, § 20.) The plaintiff claiming that more was due—refused to receive the money; but on…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The statute only authorizes a tender after a suit has been commenced. (2 R. S. 553, § 20—23.) Whether in such a cáse the money should be1 brought into court, we need not now inquire. (See Slack v Brown, 13 Wend. 390; Graham v. Gedney, Grah. Pr. 544, note, 2d ed. This was a tender before suit brought; and it was not available to the defendant, for thereason that the money was not brought into court. It is true that the plaintiff had incurred costs prior to the tender which the defendant was bound to pay. (Retan v. Drew, 19 Wend. 304.) But the suit was not commenced…
2Cases cited2 opinions
- Slack v. BrownNew York Supreme Court · 1835
- Retan v. DrewNew York Supreme Court · 1838
3Cited by17 opinions
- Becker v. . BoonNew York Court of Appeals · 1874
- Wilson v. . DoranNew York Court of Appeals · 1888
- Roosevelt v. New York & Harlem RailroadNew York Supreme Court · 1866
- Ritter v. . PhillipsNew York Court of Appeals · 1873
- Browning, King Co. v. . ChamberlainNew York Court of Appeals · 1914
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