Hoyt v. Hall
The Superior Court of New York City
This action comes before the Court, upon a verdict which was taken, by the direction of the judge presiding at the trial, in favor of the plaintiff, for $13,663.66, subject to the opinion of the Court at General Term, upon a case to be made; the parties stipulating that the date from which interest is to be computed, and the amount, should be subject to adjustment by the Court, the judgment in the meantime to be suspended.
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This action comes before the Court, upon a verdict which was taken, by the direction of the judge presiding at the trial, in favor of the plaintiff, for $13,663.66, subject to the opinion of the Court at General Term, upon a case to be made; the parties stipulating that the date from which interest is to be computed, and the amount, should be subject to adjustment by the Court, the judgment in the meantime to be suspended. It was tried before Mr. Justice Duer and a jury, in June, 1857. It was brought by Samuel N. Hoyt, as plaintiff, against Alfred Hall, William King, Daniel L. Clawson, and…
1Opinion of the Court
By the Court.
Bosworth, J.
—One of the questions presented by this case, is this: Were the offer of Jesse Hoyt, on the 1st of August, 1855, to pay to Mr. Stevens the four checks of $4,500 each, with interest, and expenses of protest, or whatever might be due; and a cotemporaneous demand from Stevens of a bill of sale, acts, which can be regarded as being, in law, a tender or offer to pay to the defendants and a demand of them, of a bill of sale? The question is not whether the $12,000, advanced as part payment has been forfeited, nor whether the plaintiff yet has it in his power to compel a…
2Cases cited3 opinions
- Fuller v. HubbardNew York Supreme Court · 1826
- Green v. GreenNew York Supreme Court · 1828
- Fuller v. Williams & HubbardNew York Supreme Court · 1827