Mayer v. Middlemiss

Memorandum On this record plaintiff had no greater claim than was represented by the amount tendered before action. The defendant, however, did not keep the tender good at the trial. Tender of payment does not pay the debt. It stops interest and avoids costs. (Jefferson Title & Mortgage Corp. v. Dempsey, 266 N. Y. 190; Ledwell v. Entire Service Corporation, 224 App. Div. 433; Tuthill v. Morris, 81 N. Y. 94.) On the proof the defendant failed to establish the defense of the Statute of Limitations to the cause of action for the reduced principal. The parties have interpreted their agreement of *484N…