Studwell v. Cooke
Supreme Court of Connecticut
General assumpsit ; appealed from the judgment of a justice of the peace to the Court of Common Pleas, and tried on the general issue closed to the court, (Brewster, J.,') with notice of tender. Philip B. Lever, of Stamford, in Fairfield county, on the first day of March, 1871, was owing the defendant a certain amount, and on that day the plaintiff legally attached all the goods and effects of the defendant in the hands of Lever.
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General assumpsit ; appealed from the judgment of a justice of the peace to the Court of Common Pleas, and tried on the general issue closed to the court, (Brewster, J.,') with notice of tender. Philip B. Lever, of Stamford, in Fairfield county, on the first day of March, 1871, was owing the defendant a certain amount, and on that day the plaintiff legally attached all the goods and effects of the defendant in the hands of Lever. On the third day of March, 1871, the defendant, learning of said attachment, made a tender to the plaintiff of the sum of five dollars, the amount of debt then due…
1Opinion of the CourtButler, C. J.
The right to make tender of performance, as incident to the legal duty to perform, is as old, as absolute and as well settled as any principle of the law. By the strict rules of the law it could not anciently be made after the day fixed for performance, and before suit brought, and such has been the rule in some of our sister states until a recent period, and until changed by statute. A different rule was adopted early in this state, (Tracy v. Strong, 2 Conn., 659,) and a *551tender may be made here at any time after the breach, and before the commencement of the action.
Where the tender is made…
2Cases cited7 opinions
- Bird v. CaritatNew York Supreme Court · 1807
- Tracy v. StrongSupreme Court of Connecticut · 1818
- Hunt v. Grant & TrowbridgeNew York Supreme Court · 1838
- Sanford v. DickSupreme Court of Connecticut · 1845
- Retan v. DrewNew York Supreme Court · 1838
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stallo v. WagnerCourt of Appeals for the Second Circuit · 1917
- Keller v. HarrisonSupreme Court of Iowa · 1910
- Condon v. Pomroy-GraceSupreme Court of Connecticut · 1901
- State v. AndersonSupreme Court of Connecticut · 1909
- Young v. MargiottaSupreme Court of Connecticut · 1950
4 more not listed; retrieve them via the Exa API.