Hatfield v. Baldwin
1 Johns. 506
N.Y. Sup. Ct.
1806
Check Treatment

Lead Opinion

Per curiam.

Whenever the defendant tenders the whole amount of the demand of the plaintiff, with all the costs which have accrued, it would be unjust to oblige the defendant to pay further costs, and for no beneficial or necessary purpose.





Dissenting Opinion

Spencer, J. dissented.

A tender may be made before the action, or before issue joined, but I know of no rule that obliges the plaintiff to accept a tender after verdict.

Rule granted.