Roosevelt v. New York & Harlem Railroad
New York Supreme Court
THIS was an application by the plaintiff for an order under section 244 of the Code, directing the defendant to pay him the sum of $30,962.50 which the defendant, in his answer, alleged that he had tendered to the plaintiff.
1Opinion of the CourtMullir, J.
This action was brought to recover the sum of- $30,000 and interest, claimed to be due on a bond executed and delivered by the defendant to one Mary Murray,, on the 8th of November, 1851-, payable'in five years from the date, with interest at the rate of seven per cent per annum. The bond was assigned to the plaintiff, who is the owner and holder thereof.
The answer contains two defenses; 1st. A tender of $30,962.50 on the 23d of.August, 1864, in United States legal tender notes, which were refused, .as it is alleged, on the *556ground, that the act of congress making such notes a legal tender in…
2Cases cited2 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Brown v. FergusonNew York Supreme Court · 1846
3Cited by10 opinions
- Eaton v. . WellsNew York Court of Appeals · 1880
- Wells v. Missouri-Edison Electric Co.Missouri Court of Appeals · 1904
- LaRault v. PalmerWashington Supreme Court · 1909
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co v. Anderson Tool Co.Indiana Supreme Court · 1913
- Asendorf v. MeyerNew York Court of Common Pleas · 1879
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