New York Court of Appeals
Frederick Cass, Respondent v. Samuel B. Higenbotam, Appellant
October 27, 1885100 N.Y. 248
Summary
The Court reversed the judgment for the plaintiff, holding that a conditional tender of the debt after suit commencement is valid without depositing the money in court, that the plaintiff's refusal to return the pledged diamonds constituted conversion, and that the defendant could assert a counter‑claim for conversion even though it arose after the action began. The Court also noted that the plaintiff could have used an interpleader action to resolve competing claims to the property.