Servel v. Jamieson
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Montana; George M.Borquin, Judge. Action by Zavier Servel against G. R. Jamieson and Mathieson Murray, partners as Jamieson & Murray. Judgment for defendants, and plaintiff brings error.
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In Error to the District Court of the United States for the District of Montana; George M.Borquin, Judge. Action by Zavier Servel against G. R. Jamieson and Mathieson Murray, partners as Jamieson & Murray. Judgment for defendants, and plaintiff brings error. The plaintiff in error brought an action against the defendants in error to recover damages for their failure to deliver sheep in accordance with the terms of a contract made March 14, 1917. The parties will be named plaintiff and defendants as in the court below. The contract provided that the defendants should sell and deliver to the…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1, 2] We think that the defendants stood strictly within their right in refusing the check which was tendered by Stitt. It is the well-settled rule that the tender of a check in payment of money is of no effect in cases where objection is made to that medium of payment. 38 Cyc. 146; Volk v. Olsen, 54 Misc. Rep. 227, 104 N. Y. Supp. 415; Rumpf v. Schiff (Sup.) 109 N. Y. Supp. 51; Barbour v. Hickey, 2 App. D. C. 207, 24 L. R. A. 763; Collier v. White, 67 Miss. 133, 6 South. 618; Aldrach v. Light, Power & Ry. Co., 101 S. C. 32, 85 S. E. 164; M oore v. Twin…
2Cases cited7 opinions
- Schaeffer v. ColdrenSupreme Court of Pennsylvania · 1912
- Gunby v. IngramWashington Supreme Court · 1910
- Moore v. Twin City Ice & Cold Storage Co.Washington Supreme Court · 1916
- Collier v. WhiteMississippi Supreme Court · 1889
- Volk v. OlsenAppellate Terms of the Supreme Court of New York · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Letha Cantrell Guthrie v. Finis CurnuttCourt of Appeals for the Tenth Circuit · 1969
- Farris v. FergusonTennessee Supreme Court · 1922
- Simmons v. SwanSupreme Court of the United States · 1927
- Sung v. HamiltonDistrict Court, D. Hawaii · 2009
- Simmons v. SwanCourt of Appeals for the First Circuit · 1926
2 more not listed; retrieve them via the Exa API.