GARDNER, J.
The question presented by the pleadings is whether there had been such a tender made by the defendant in the action by this plaintiff against Palmer in said court, of the amount which Palmer admitted that he owed the corporation as prevented the said Palmer, when the corporation failed to accept such sum as payment of the indebtedness sued upon, from withdrawing same from the hands of the clerk of said superior court to whom Palmer had delivered this money...
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