Spencer v. Tooker

—From the papers submitted it appears that plaintiff, in his complaint, claims for $64, with interest from April 1st, 1861.

Defendant, in his first answer, pleaded a tender before the commencement of this action, on the 6th of April, of $64, and brought the money into court.

Thus, on plaintiff’s own showing, the amount due for principal and interest on the 6th of April was $64.07, being only seven cents more than the sum tendered.

Plaintiff moved for judgment on account of frivolousness ol answer, serving the notice of motion on the 1st of May.

On May 4th the attention of defendant’s attorneys…