Gilpatrick v. Ricker
Supreme Judicial Court of Maine
On motion and exceptions. This was an appeal from a trial justice’s court, for York county, in which judgment was rendered for the plaintiff in an action of assumpsit on account annexed. In that court the defendant relied on a tender. After verdict, in this court, in favor of the defendant, the plaintiff moved to set the verdict aside as against law and evidence and excepted to matters of law as appears in the opinion.
1Opinion of the CourtHaskell, J.
The plea of tender of money without profert in curiá is bad on demurrer; Carley v. Vance, 17 Mass. 389; and, without the profert made good by the actual payment of the money into court, is a nullity and need not be noticed or replied to by the plaintiff. Sheridan v. Smith, 2 Hill, 538. It is settled law, in this state, that a tender can only be kept good by payment of the money into court upon the first day of the term. Pillsbury v. Willoughby, 61 Maine, 274; Reed v. Woodman, 17 Maine, 43. Even after verdict for the defendant upon a plea of tender, where the money had not been paid into…
2Cases cited1 opinion
- Claflin v. HawesMassachusetts Supreme Judicial Court · 1811
3Cited by2 opinions
- Ahrens v. FentonSupreme Court of Iowa · 1908
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