
    Maria G. Buonocore vs. Raphael De Feo.
    First Judicial District.
    Argued October 9th
    —decided December 18th, 1903.
    Action to recover the statutory penalty for neglecting to execute and deliver a release deed of a satisfied mortgage, brought by appeal from a justice of the peace to the Court of Common Pleas in Hartford County and tried to the court, Coats, J. ; facts found and judgment rendered for the plaintiff, and appeal by the defendant..
    
      No error.
    
    Opinion filed with the cleric of the Court of Common Pleas in Hartford County.
    
      Augustine Lonergan and William R. Sharton, for the appellant (defendant).
    
      Albert C. Bill, with whom was Leslie L. Brewer, for the appellee (plaintiff).
   The statute (§ 4048) provides that the holder of a satisfied mortgage who neglects to execute a release deed thereof, within thirty days after a wiitten request and a “ tender ” of the necessary expense, shall pay a penalty to any person aggrieved. In the present case it appeared that the plaintiff presented a proper release deed to the defendant for his signature, and also offered to pay any expense he might incur in its execution; but that the defendant refused to execute the deed until he had received f5, which he claimed the plaintiff owed him in another matter.

The Supreme Court in an opinion by Prentice, J., held that under these circumstances the plaintiff was relieved from the actual production and proffer of the money, and stood in the same legal position he would have occupied had a precise and formal “ tender ” in fact been made. Re-  