Reeder v. Mason
Cuyahoga Circuit Court
Error to Cuyahoga common pleas court. Upon the question whether a certain sum tendered and paid into the justices court by defendants, and, after judgment and) pending appeal proceedings, received and accepted by plaintiff' concludes him thereby from proceeding to recover the full amount he has always claimed to be due, less what he has received. McKercher v. Curtis, 35 Mich. 478; Murphy v. Cold Stock Tel.
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Error to Cuyahoga common pleas court. Upon the question whether a certain sum tendered and paid into the justices court by defendants, and, after judgment and) pending appeal proceedings, received and accepted by plaintiff' concludes him thereby from proceeding to recover the full amount he has always claimed to be due, less what he has received. McKercher v. Curtis, 35 Mich. 478; Murphy v. Cold Stock Tel. Co. 3 N. Y. Supp. 804; Mtirray v. Bethune, '1 Wend. 191; Higbee v. Ninety-six Hundred Cases Tomatoes, 59 Fed. Rep. 783; Beil v. Supreme Council, 42 N. Y. App. Div. 168 [58 N. Y. .Supp.…
1Opinion of the CourtWinch, J.
Plaintiff brought his action against the defendants before a justice of the peace, alleging in his bill of particulars that said defendants were indebted to him in the sum of $55.70. Thereupon defendants tendered and paid into court the sum of $33.82, together with $2 for *168costs accrued to that time. Thereafter the case was heard and judgment rendered in favor of the plaintiff for the sum of $40 and his costs, $8.80.
Defendants appealed the case to the common pleas court, and after plaintiff had filed his petition therein defendants filed an answer setting up the tender made by them in the…
2Cases cited2 opinions
- McCalley v. OteySupreme Court of Alabama · 1893
- McKercher v. CurtisMichigan Supreme Court · 1877