Brott v. Davidson
Appellate Division of the Supreme Court of the State of New York
Appeal by Michael F. O’Connor, the plaintiffs’ attorney, from an order of the Supreme Court, made at the St. Lawrence Special Term and entered in the office of the clerk of the county of Sara-toga on the 21st day of August, 1903, directing that the appellant pay to the defendants, Alice Isabella Davidson and John P. Davidson, certain moneys paid into court by them.
1Opinion of the Court
Houghton, J.:
The action herein "was brought to foreclose a mortgage, and the appellant O’Connor was plaintiffs’ attorney. After the commencement of the action the defendants, ex parte, procured an order permitting them to pay into court $482.42, the amount admitted by them to be due upon the mortgage. The order was peculiar, in that it provided that said moneys should be paid out of court to the plaintiffs or their attorney.
*30The defendants plead that prior to beginning the action they had made this same tender and desired to keep it good by payment into-court. Other defenses set up in the…
2Cases cited1 opinion
- Shotwell v. DixonAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Sherman v. Yankee Products Corp.Appellate Division of the Supreme Court of the State of New York · 1922
- Williams v. SegoolCourt of Appeals for the Seventh Circuit · 1936