Platner v. Lehman

Learned, P. J.:

The plaintiff sued on a note. The defendants admitted the note and pleaded tender before suit. In pleading tender they averred that defendants tendered a certain sum (sufficient in amount) to the plaintiff’s agent in payment, and that the plaintiff refused to receive it; that the defendants deposited the sum with a certain person, naming him, for the plaintiff, and notified the plaintiff thereof, and that he might obtain the same whenever he chose; and that the defendants had been ever since ready and willing to pay the plaintiff said sum; and that the defendants “ now bring…