Storer v. McGaw
Massachusetts Supreme Judicial Court
Contract upon an account annexed, commenced in the police court of Lawrence and brought by appeal to the superior court, where judgment was rendered for the defendant, upon facts which are stated in the opinion. The plaintiff alleged exceptions.
1Opinion of the CourtColt, J.
The defendant in her answer in the police court properly pleaded a tender of the amount due the plaintiff, alleging a profert in curia. It appears that the amount tendered was not actually placed in the custody of the court, but at the trial when the answer was filed she produced the money and offered it in open court to the plaintiff, and was there ready to pay the same until the judgment was rendered. The plaintiff refused to accept the amount so tendered and produced in court, making no other objection than that he was entitled to recover a larger sum. The judgment of the police court…
2Cases cited1 opinion
- Claflin v. HawesMassachusetts Supreme Judicial Court · 1811
3Cited by1 opinion
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co v. Anderson Tool Co.Indiana Supreme Court · 1913