Whitney-Kemmerer v. Kearns

PACE, Circuit Judge.

In a suit in the municipal court of Chicago to recover unliquidated damages for violation of a contract, defendant, more than four months before its bankruptcy, tendered unconditionally in open court an amount admitted to be *354due. The court ruled that such sum should be received as a tender by the clerk, to be held until the further order of court. Within the four months before defendant was adjudged a bankrupt, judgment was rendered for a much larger sum. The question is: Can the money tendered be reeoyered for the bankrupt estate?

Tenders for unliquidated damages are…