Railway Advertising Co. v. Posner

Appellate Terms of the Supreme Court of New York

Railway Advertising Co. v. Posner

31 Misc. 783, 65 N.Y.S. 226

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1900

StatusPublished

Cited by1 cases

This text of 31 Misc. 783 (Railway Advertising Co. v. Posner) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Railway Advertising Co. v. Posner, 31 Misc. 783, 65 N.Y.S. 226 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Ouriam.

In this case the justice found that the defendants were indebted to the plaintiff in the sum of $377, but gave judgment for the defendants, with costs. This conclusion was evidently reached upon the theory that there had been a sufficient tender of the amount due before suit, but the defendants, to avail themselves of this defense should have pleaded the tender, and kept the tender good by paying the same into court. Becker v. Boon, 61 N. Y. 317. They did-neither, and the judgment was, therefore, improper. Without considering the other errors assigned, the judgment should be reversed.

Present: Beekmae, P. J., Giegebich and O’Gobmah, JJ.

Judgment reversed and new trial ordered, with costs to appel-

lant to abide event

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Per Ouriam.

In this case the justice found that the defendants were indebted to the plaintiff in the sum of $377, but gave judgment for the defendants, with costs. This conclusion was evidently reached upon the theory that there had been a sufficient tender of the amount due before suit, but the defendants, to avail themselves of this defense should have pleaded the tender, and kept the tender good by paying the same into court. Becker v. Boon, 61 N. Y. 317. They did-neither, and the judgment was, therefore, improper. Without considering the other errors assigned, the judgment should be reversed.

Present: Beekmae, P. J., Giegebich and O’Gobmah, JJ.

Judgment reversed and new trial ordered, with costs to appel-

lant to abide event

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Bluebook (online)

31 Misc. 783, 65 N.Y.S. 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/railway-advertising-co-v-posner-nyappterm-1900.

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