Warren v. Mains
New York Supreme Court
THIS was an action of covenant. The cause was tried at the Washington circuit, in June, 1810, before Mr. Justice Van Ness. An agreement was proved, by w^ich the .plaintiff covenanted to pay to the defendant 300 .dollars, on or before the 1st of July, 1809, at , u J which time the defendant covenanted to convey to the . plamtifF a certain farm, &c. bo.ur days before the 1st of July, 1809, it was agreed between, the parties that t^le 300 dollars should be paid in bank bills.
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THIS was an action of covenant. The cause was tried at the Washington circuit, in June, 1810, before Mr. Justice Van Ness. An agreement was proved, by w^ich the .plaintiff covenanted to pay to the defendant 300 .dollars, on or before the 1st of July, 1809, at , u J which time the defendant covenanted to convey to the . plamtifF a certain farm, &c. bo.ur days before the 1st of July, 1809, it was agreed between, the parties that t^le 300 dollars should be paid in bank bills. On the 1st of July the plaintiff tendered the 300 dollars in bank bills, which the defendant refused to receive, be- *…
1Per curiam
It was competent to the plaintiff to show, that before the day of payment, the defendant had agreed to accept bank bills, as cash, and had dispensed with the necessity of a tender in gold and silver. The *477tender in bank bills was, consequently, good at the day, by reason of the previous waiver. The motion to set ~x~id~ the verdict ~`uust be denied.
Motion denied.
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