Westcott v. De Montreville

The defendant being indebted to the plaintiff in the sum of thirty-eight dollars and seventy cents, gave him a currency check on the Mutual Savings Institution of St. Louis, which was paid in currency. Shortly after, thirty dollars of the amount was returned and left with defendant’s clerk. Defendant being informed of the return of the money directed his clerk to take it back to the plaintiff, and if he refused to receive it, to deposit it with the (same) Savings Institution. The money was not received by the plaintiff, he saying he could do nothing with the currency; whereupon it was…