Bickle v. Beseke

This was a suit by Bickle to foreclose a mortgage given to secure a note made payable in gold.

Beseke answered, setting up a tender, before suit brought, in United States legal-tender notes, and followed it up by bringing the money into court.

The plaintiff replied that the tender made was conditional; that is, the money was tendered on condition that the note should be given up on the receipt of it; which condition the plaintiff declining to comply with, the defendant did not pay the money.

On the trial, “it was admitted that before the commencement of the suit, the defendant produced and…