Larsen v. Breene
Supreme Court of Colorado
Error to District Court of Lake County. This action was brought by the plaintiff in error, Niels Larsen, who was plaintiff below, against Peter W. Breene and George W. Trimble, for the purpose of procuring the cancellation of a certain .note and a trust deed given to secure the same.
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Error to District Court of Lake County. This action was brought by the plaintiff in error, Niels Larsen, who was plaintiff below, against Peter W. Breene and George W. Trimble, for the purpose of procuring the cancellation of a certain .note and a trust deed given to secure the same. It appears from the pleadings and evidence that in April or May, 1883, the plaintiff obtained a deed of trust, together with an option for purchase and lease upon the Crown Point and Pinnacle mines, from Nelson Hallock, the owner. Afterwards the plaintiff and the defendant Breene formed a copartnership for the…
1Opinion of the CourtJustice Hayt
The tender made by Larsen to Breene upon the 28th day of November was by check of the latter for $7,000, certified by the Merchants’ & Mechanics’ Bank of Lead-ville. As Breene made no objection to the medium of the tender at the time, but refused to accept the check for the sole reason that it was insufficient in amount, he thereby waived all objection to the form in which the tender was made. Stokes v. Recknagel, 38 N. Y. Sup. Ct. 368; Whelan v. Reilly, 61 Mo. 565. It is contended, however, that this check was insufficient in amount, and that for this reason the tender was not good; but the *483c…
2Cases cited7 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- Tuthill v. . MorrisNew York Court of Appeals · 1880
- Bickford v. First National BankIllinois Supreme Court · 1866
- Heartt v. RhodesIllinois Supreme Court · 1872
- Brown v. LeckieIllinois Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Globe Express Co. v. TaylorSupreme Court of Colorado · 1916
- City of Brunswick v. Peoples Savings BankMissouri Court of Appeals · 1916
- First State Bank v. KohlSupreme Court of Colorado · 1926
- Hirsh v. Ogden Furniture & Carpet Co.Utah Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.