Caluori v. Western Union Telegraph Co.

Plaintiff-respondent instituted an action in the City Court of Schenectady against defendant-appellant for the recovery of $100 damages for failure to deliver telegram as set forth in the complaint.

*400The summons was returnable in City Court on the 2d day of April, 1935. The defendant-appellant’s answer was filed with the court on April 16, 1935. On November 7, 1935, and several months after the defendant-appellant’s answer had been filed with the court, the defendant-appellant tendered into the City Court the sum of one dollar and fifty cents, together with costs amounting to three dollars.…