Mohn v. Stoner
Supreme Court of Iowa
Appeal from Des Moines District Court. A statement of the facts appears in the opinion*of the court. cited 12 Pick., 81; 2 Camp., 579; 8 John., 394; 6 Cow., 113; Conyers el al. y. Minis et al, 2 Mason, 236; 2 Marsh. Ky. R, 528; Chapman v. Lothrop, 6 Cow., 110; 7 Id., 85; 21 Pick., 378; Poth. Ob. N., 151 j 11 Iowa, 30; 1 Strange, 638; 8 Mass., 261.
1Opinion of the CourtBaldwin, C. J.
In the case of Johnson v. Triggs, 4 G. Greene, 97, it was held that it is essential to the validity of a tender of money that he who makes it should have the money in court, and that the necessity for this rule is not obviated by the Code.
This construction of our statute in relation to tender has been recognized and followed by this court in the case of Freeman v. Fleming, 5 Iowa, 460, and in this case when formerly before this court. See 11 Iowa, 30. And whatever doubts we may now entertain.as to the correctness of this *116ruling, we do not now think it wise to overrule it, as it has been the…
2Cases cited2 opinions
- Freeman v. FlemingSupreme Court of Iowa · 1858
- Mohn v. StonerSupreme Court of Iowa · 1860
3Cited by3 opinions
- Voss v. McGuireMissouri Court of Appeals · 1887
- Waide v. JoySupreme Court of Iowa · 1876
- Warrington v. PollardSupreme Court of Iowa · 1868