New York Supreme Court, 1806

Hatfield v. Baldwin

Hatfield v. Baldwin
New York Supreme Court · Decided August 15, 1806 · Spencer
1 Johns. 506

Counsel

Henry, contra,

Hatfield v. Baldwin

Opinion of the Court

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.

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