Rosenberger v. Pacific Express Co.
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Hon. R. Steele Ryors, Special Judge. (1) The pretended tender of one dollar was not sufficient. Costs had accrued, and the tender after the commencement of the suit must be made to the constable of the township where the suit is pending. R. S. 1899, sec. 3944; Voss v. McGuire,-26 Mo. App. 452. (2) No demand is necessary in this State before the institution of the suit unless it is so made by the contract.
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Appeal from Montgomery Circuit Court. — Hon. R. Steele Ryors, Special Judge. (1) The pretended tender of one dollar was not sufficient. Costs had accrued, and the tender after the commencement of the suit must be made to the constable of the township where the suit is pending. R. S. 1899, sec. 3944; Voss v. McGuire,-26 Mo. App. 452. (2) No demand is necessary in this State before the institution of the suit unless it is so made by the contract. When an obligation to pay is complete, an action arises at once and no demand is necessary. Sandis v. Sarcton, 105 Mo. 486; Bollman v. Peake, 96 Mo.…
1Opinion of the CourtBland, P. J.
The action is on an express money order for one dollar in which no time for payment is stated. No demand for payment had been made on defendant prior to the commencement of the suit, which Avas begun before a justice of the peace. When summons Avas served on defendant it appeared before the justice and tendered him one dollar, the amount of the order and the sum sued for. The justice declined to receive the tender, Avhereupon defendant filed a written offer tendering the amount sued for. Plaintiff refused to accept the tender and continued the prosecution of the suit. In due course the cause…
2Cited by2 opinions
- Downs v. Pacific Express Co.Missouri Court of Appeals · 1909
- State Bank v. DunnSupreme Court of Missouri · 1930