Simpson v. French
The Superior Court of New York City
Motion by defendant, that Ms answer served in the cause upon the plaintiff be deemed sufficient, &c.
1Opinion of the Court
Bosworth, Ch. Justice.
The answer alleges a tender before suit brought, and avers a continuing and present willingness and readiness to pay the sum tendered. The sum alleged to have been tendered has not been paid into court, and the plaintiff returned the answer as a nullity, and assigned as reasons, that the answer was not accompanied with notice of payment of the money into court, and that it had not in fact been paid.
The course pursued by the plaintiff is in accordance with the practice in force when the Code took effect. (1 Gr. Pr., 249 and 541; Sheriden agt. Smith, 2 Hill, 538 ; Brown…
2Cases cited6 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Dayton v. TrullNew York Supreme Court · 1840
- Brown v. FergusonNew York Supreme Court · 1846
- Hunter v. Le ConteNew York Supreme Court · 1827
- Wilder v. SeelyeNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Becker v. . BoonNew York Court of Appeals · 1874
- Platner v. LehmanNew York Supreme Court · 1882
- Wood v. RabeThe Superior Court of New York City · 1885