Kadin v. Samuels

The single question presented upon the agreed state of facts is whether a tender by the defendant, Eachel Samuels, in the sum of $1,653 to the plaintiff was sufficient to entitle her to an assignment of the mortgage, which is sought to he foreclosed in this action. At the time the tender was made the action had already been commenced against the persons primarily liable, and had the tender been made on the part of these persons, it would undoubtedly have been insufficient in that it did not include the amount of costs as accrued in the action to the date of the tender. Eaton v. Wells, 82 1ST.…