New York Supreme Court October 15, 1836 (Bakeman v. Pooler)

By the' Court,

Cowen, J.

The proof of the tender was defective. The witness had the money in his pocket, and asked the plaintiff if he would take it, telling him the money was ready for him; but it remained in the pocket of the witness. This was not enough, unless the plaintiff dispensed with its production by some positive act or declaration. Thomas v. Evans, 10 East, 101. 3 Black. Comm.