Equitable Life Assur. Soc. v. Roberts

THOMAS, Justice.

This suit was for interest that had accrued upon the amount due on a policy of life insurance.

The amount due was not paid into court, and such tender as was made was not absolute and was coupled with a condition, as shown by the evidence of defendant’s cashier, who testified that the amount due “under the policy as extended term insurance” would be delivered to plaintiff “if the policy was surrendered.” This, coupled with the tender which contained a material condition, destroyed its efficacy as affecting liability for interest. Dozier v. Vizard Inv. Co., 203 Ala. 421, 83 So.…