Katz v. Commercial Bank & Trust Co.

Under the facts found, the conclusion of the court that the plaintiff was entitled to recover $833.32 was correct. The court, however, was in error in failing to render judgment for the plaintiff to recover that sum and costs, and in rendering judgment for the defendant to recover costs because it established its allegation of tender.

Under the practice in this State, proof of tender entitles the party pleading it to costs, only when it is pleaded as a sole defense, which was not the case here. Hatch v. Thompson, 67 Conn. 74, 34 Atl. 770; Rowell v. Ross, 87 Conn. 157, 87 Atl. 355.

If the…