Stieglitz v. Cohen
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, fifth district, rendered in favor of the defendant after a trial before the court and a jury.
1Opinion of the CourtPlatzek, J.
Hear the close of the trial, in open court and in the presence of the jury, the defendant’s attorney stated: “I wish to offer in tender to plaintiff $26.68 rent for four days and $1.50, approximately, for interest and $3 for the disbursements in this action, amounting to $31.18. I make that tender into court.” The plaintiff’s counsel then said: “ It is too late entirely for a tender. It is a question for the'jury to say.” Defendant’s counsel: “I pay it into court to make our tender good.” Plaintiff’s counsel: “ I ask the jury to be directed not to pay any attention to this sort of thing.” The…
2Cases cited3 opinions
- Cleveland v. TobyNew York Supreme Court · 1901
- Ellenstein v. KleeNew York Court of Common Pleas · 1895
- Levy v. LoewAppellate Terms of the Supreme Court of New York · 1907
3Cited by3 opinions
- United States Fidelity & Guaranty Co. v. Leong Dung DyeCourt of Appeals for the Ninth Circuit · 1931
- Douglas v. ReynardAppellate Terms of the Supreme Court of New York · 1912
- Caluori v. Western Union Telegraph Co., New York County Courts1936