Link v. Mack
New York Supreme Court
Motion for a new trial upon the minutes. This action was brought to recover the price of some hay sold by plaintiff to defendant. There were various questions litigated upon the trial in regard to the value of the hay and the amount due therefor, but the important question of law which arose on the trial and which is the basis of this motion relates to an alleged tender made by defendant to plaintiff.
Read the full summary
Motion for a new trial upon the minutes. This action was brought to recover the price of some hay sold by plaintiff to defendant. There were various questions litigated upon the trial in regard to the value of the hay and the amount due therefor, but the important question of law which arose on the trial and which is the basis of this motion relates to an alleged tender made by defendant to plaintiff. Defendant claimed that prior to suit brought he started to make out and tender to plaintiff a check for the full amount due him as found by the jury upon the trial; that defendant in effect…
1Opinion of the CourtHiscock, J.
The jury has found that defendant’s version as to the amount due from him, to plaintiff was correct, and its verdict in favor of defendant is, therefore, proper if the question of tender involved in the suit has been correctly disposed of.
It is too well settled to require citation of authorities that defendant could have made a tender by check as distinguished from money which being unobjected to and kept good would be sufficient. Ooncededly he did not make a tender by check, but, as he claims, started to, and was prevented by plaintiff from so doing. Upon the issue of fact raised between…
2Cases cited4 opinions
- Holmes v. HolmesNew York Supreme Court · 1851
- Dunham v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Wright v. John A. Robinson & Co.New York Supreme Court · 1895
- Bellinger v. KittsNew York Supreme Court · 1849
3Cited by1 opinion
- Murphy v. MahoneyNew York Supreme Court · 1946