Mann v. . Sprout
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth, judicial department, entered March 1, 1905, which affirmed an order of the Niagara County Court granting defendant permission to amend his answer and to withdraw certain moneys theretofore paid by him into court. Tliis action was brought to recover a balance of $208.45 alleged to be due from the defendant upon a contract to construct a drain and for extra work in connection therewith.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth, judicial department, entered March 1, 1905, which affirmed an order of the Niagara County Court granting defendant permission to amend his answer and to withdraw certain moneys theretofore paid by him into court. Tliis action was brought to recover a balance of $208.45 alleged to be due from the defendant upon a contract to construct a drain and for extra work in connection therewith. The defendant by his answer admitted performance of the contract by the plaintiff, but denied that the balance unpaid amounted…
1Opinion of the CourtVann, J.
When a debt is due, a tender of the entire amount with no condition attached, and the payment thereof into court pursuant to its order, even if not accepted, is an absolute transfer of the money to the creditor. When the sum tendered is less than the amount due, it is a conclusive admission of the indebtedness to the extent of the tender, regardless of the final result of the action, and not only does the party paying it into court lose all right to it, but the court itself has no power to make an order in the same action, ■which, in effect, retransfers the title. Relief from mutual mistake,…
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