Hull v. Peters
New York Supreme Court
This action was commenced by the filing and service of a declaration, before the adoption of the code of procedure. The declaration was upon a judgment, and the defendant pleaded a tender, before suit brought.
Read the full summary
This action was commenced by the filing and service of a declaration, before the adoption of the code of procedure. The declaration was upon a judgment, and the defendant pleaded a tender, before suit brought. The plaintiffs replied that they had employed an attorney to bring this suit, who had, before the tender, filed a declaration in the office of the clerk of Allegany county, and sent by mail to the sheriff of New-Yorlc, a copy to be served ; that these facts were known to the defendant, but the costs then incurred were not tendered. The defendant rejoined, denying that he knew, when the…
1Opinion of the CourtSill, J.
The plaintiffs, to sustain this motion, rely upon the following cases, which, it is claimed, establish the doctrine that the tender pleaded in this case was not a defence to the action, because the costs which had been made about commencing a suit were not included in the tender. (Hanmer v. Wilsey, 17 Wend. 91. Retan v. Drew, 19 Id. 304. Johnson v. Comstock, 6 Hill, 10. Brown v. Ferguson, 2 Denio, 196.) In the first case cited, the question did not arise, although it is there said, that in such case costs should be tendered. The action was trespass for taking a horse. After the filing of a…
2Cases cited4 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Brown v. FergusonNew York Supreme Court · 1846
- Hunt v. Grant & TrowbridgeNew York Supreme Court · 1838
- Robinson v. TaylorNew York Supreme Court · 1834
3Cited by6 opinions
- Rudulph v. WagnerSupreme Court of Alabama · 1860
- Studwell v. CookeSupreme Court of Connecticut · 1871
- Randall & Durant v. BaconSupreme Court of Vermont · 1876
- Trow'S Printing & Book-Binding Co. v. New York Book-Binding Co.City of New York Municipal Court · 1888
- Cromwell v. BurrNew York Marine Court · 1877
1 more not listed; retrieve them via the Exa API.