Williams v. Triplett
Supreme Court of Iowa
Appeal from, the Lee District Court. This was a suit on the following note: a $250.00. Keokuk, February 25th, 1856. On or before the first day of May next, I promise to pay to the order of William 0. Williams, two hundred and fifty dollars, and interest thereon at the rate of ten per cent, per annum; which may be discharged in good merchantable brick, delivered in the city of Keokuk, at cash price. John Triplett.”
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Appeal from, the Lee District Court. This was a suit on the following note: a $250.00. Keokuk, February 25th, 1856. On or before the first day of May next, I promise to pay to the order of William 0. Williams, two hundred and fifty dollars, and interest thereon at the rate of ten per cent, per annum; which may be discharged in good merchantable brick, delivered in the city of Keokuk, at cash price. John Triplett.” The defendant, by his answer, admits the making of the note sued on, and avers that he has all the time been ready to deliver said brick; that he was ready to pay the note at the…
1Opinion of the CourtStockton, J.
The demurrer to defendant’s answer, which was sustained by the District Court, presents only one question for our consideration, viz: was the plaintiff’s right oi action defeated, by his refusal to receive the brick, when notified by defendant, at the time the note was due, he was ready to deliver them according to his agreement ? It is claimed for plaintiff, that something more than readiness to pay, is necessary to be offered by defendant, even when that readiness is made known to payee, and he refuses to receive the property; that it was defendant’s duty to ascertain at what place in the…
2Cases cited2 opinions
- Gage v. KendallCourt for the Trial of Impeachments and Correction of Errors · 1836
- Tibbs v. TimberlakeCourt of Appeals of Kentucky · 1823
3Cited by10 opinions
- Wisconsin Lumber Co. v. Greene & Western Telephone Co.Supreme Court of Iowa · 1904
- McCormick Harvesting Machine Co. v. MarkertSupreme Court of Iowa · 1899
- State v. ShupeSupreme Court of Iowa · 1864
- Lazier v. HoranSupreme Court of Iowa · 1880
- Cash v. HinkleSupreme Court of Iowa · 1873
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