Canastota & Morrisville Plank Road Co. v. Parkill
New York Supreme Court
APPEAL by the plaintiffs from a judgment of the county "court of Madison county, affirming a judgment rendered in favor of the defendant, in a justice’s court. - The plaintiffs, in the year 1865, sued the defendant before a justice of the peace of Madison county, to recover four penalties of §10 each.
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APPEAL by the plaintiffs from a judgment of the county "court of Madison county, affirming a judgment rendered in favor of the defendant, in a justice’s court. - The plaintiffs, in the year 1865, sued the defendant before a justice of the peace of Madison county, to recover four penalties of §10 each. Two of them being for passing around •the plaintiffs’ gate on land adjacent thereto, to-avoid the payment of legal toll, and two of them for passing through the plaintiffs’ gate without paying the legal toll. On the trial it appeared that the defendant resided from 80 to 90 rods northerly of the…
1Opinion of the Court
By the Court,
Foster, J.
The plaintiffs claim that in any event they were entitled to recover the amount tendered *604and brought into court; and that therefore the judgment is erroneous. This would unquestionably be so in an action for any ordinary claim, but I think the rule relied on does not apply to this case.
•The action is for a penalty of a' fixed amount, and for that alone ; and unless the plaintiffs recover that, they are not entitled to any judgment; and the .object- of making and proving the tender, was only to establish that the plaintiffs are not entitled to any thing, in the kind of…
2Cases cited2 opinions
- Carrier v. P. D. & Co.New York Supreme Court · 1820
- Dansville & Wayland Plank Road Co. v. HullNew York Supreme Court · 1858
3Cited by1 opinion
- Higgins v. DakinNew York Supreme Court · 1895