Sweet v. Harding
Supreme Court of Vermont
‘ Assumpsit upon a promissory note, dated March 8, 1844, for $25,55, payable to the plaintiff, or bearer, in good, saleable neat cattle, over one year old and not over eight years old, the fifth day of October, or in good clean grain in January following, to be delivered at the defendant’s dwelling house. The defendant pleaded, that on the 31st day of January, 1845, he tendered good clean grain, to the amount of the note, at his dwelling house.
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‘ Assumpsit upon a promissory note, dated March 8, 1844, for $25,55, payable to the plaintiff, or bearer, in good, saleable neat cattle, over one year old and not over eight years old, the fifth day of October, or in good clean grain in January following, to be delivered at the defendant’s dwelling house. The defendant pleaded, that on the 31st day of January, 1845, he tendered good clean grain, to the amount of the note, at his dwelling house. Trial by the court, December Term, 1845, — Royce, J., presiding. On trial the plaintiff produced the note described in his declaration, — the…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
Upon the hearing in this court two questions have been presented for consideration.
1. The plaintiff insists, that the tender was not made in time, and consequently that the same cannot be sustained. We are aware, that the opinion has prevailed to some extent, that, in order to make a legal tender of either money, or specific articles, it must be made, not only on the day specified in the contract, but, in the language of some of the old authorities, at the uttermost convenient time of the day, and before the sitting of the sun, or at least…
2Cited by2 opinions
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Hall v. WhittierSupreme Court of Rhode Island · 1873