Babcock v. Harris

Beck, Ch. J.

I. Besides a general denial of indebtedness in the answer, the defendant pleaded a tender of $5, and by an amended answer, filed before trial, avers that the amount tendered is brought into court. The original answer also sets up a cross claim of $15.

At the trial, defendant asked the court to instruct the jury that the pleadings do not show a tender nor contain an admis*410sion of indebtedness on tbe part of defendant. This request was refused, and the court directed the jury that defendant pleads a tender, which operates as an admission of indebtedness, in the amount of the sum…