
    William H. Murray and Others, Copartners, etc., Respondents, v. Albert G. Bryan, Appellant.
   The provisions of Code of Civil Procedure, section 731, for costs to be added to the amount tendered, do not apply to a tender before suit, such as was set up in the answer here. Under plaintiffs’ admission of then- refusal to take the $108 offered, defendant did not have to produce actually the money and bring out a more emphatic refusal. {Bellinger v. Kitts, 6 Barb. 273.) The order of the County Court of Westchester county is, therefore, reversed, with ten dollars costs and disbursements, with a direction that plaintiffs’ recovery of the amount of defendant’s tender, with any interest accrued since payment thereof into court, be offset against defendant’s costs to be taxed. {Dingee v. Shears, 29 Hun, 210.) Mills, Rich, Putnam, Blaekmar and Kelly, JJ., concur.  