Appellate Terms of the Supreme Court of New York, 1913

Collins v. Ætna Accident & Liability Co.

Appellate Terms of the Supreme Court of New York · Decided June 17, 1913

142 N.Y.S. 304 (New York Supplement)

Counsel

James E. McNaboe, of New York City (Charles J. Holland, of New York City, of counsel), for appellant., James B. Henney, of New York City (Floyd K. Diefendorf, of New York City, of counsel), for respondent.

Opinion of the Court

PER CURIAM.

The defendant at the trial attempted to tender the sum of $38 to the plaintiff, representing $36 for damages and $2 for costs. The tender was concededly not made in accordance with the provisions of the Municipal Court Act and was therefore ineffective.

The judgment in favor of the defendant for $20 costs should therefore be modified, to the extent that judgment is ordered for the plaintiff for the sum of $36, with appropriate costs, and the judgment, as modified, affirmed, without costs to either party upon this appeal. All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.