Campbell v. Seeley
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. A full and complete tender is equivalent to payment as to all things which are incidental or accessorial to-the debt. Kortright v. Cady, 21 N. Y. 343; Stoddard v. Hart, 23 N. Y. 556; 'Hartley v. Tatham, 1 Keys, 222; Frost v. Bank, 10 N. Y. 553; 78 Amer.
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Appeal from the Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. A full and complete tender is equivalent to payment as to all things which are incidental or accessorial to-the debt. Kortright v. Cady, 21 N. Y. 343; Stoddard v. Hart, 23 N. Y. 556; 'Hartley v. Tatham, 1 Keys, 222; Frost v. Bank, 10 N. Y. 553; 78 Amer. Dec. 150; Jones on Mortgages [3 Ed.] secs. 893, 911; Thorington v. Bank, 71 Mo. 221; Olmstead v. Tarsney, 68 Mo. 396. A competent tender gives the mortgagor under the statute the right to sue for the penalty. Jones on Mortgages [3 Ed.] sec.. 991; Barnard v. Harrison, 28…
1Opinion of the CourtRombatjer, P. J.
The trial court entered judgment in favor of the defendant upon a demurrer to each count of the plaintiff’s petition, which contained two counts, and the plaintiff, appealing, assigns for error that the demurrer was improperly sustained.
The petition states, in its first count, the following facts : The plaintiff executed a deed of trust on his real estate in favor of the defendant, to secure to the latter the payment of a promissory note for fifteen hundred dollars. After the maturity of the note, the- plaintiff tendered to the defendant the amount due thereon, and a sum sufficient to pay for…
2Cases cited8 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Landis v. SaxtonSupreme Court of Missouri · 1886
- Thornton v. National Exchange BankSupreme Court of Missouri · 1879
- Crumbly v. BardonWisconsin Supreme Court · 1888
- Edwards v. BrownSupreme Court of Missouri · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Knollenberg v. NixonMissouri Court of Appeals · 1903
- Woolner v. LevyMissouri Court of Appeals · 1892
- Murray v. Fleet Mortgage Corp.Missouri Court of Appeals · 1996
- Campbell v. SeeleyMissouri Court of Appeals · 1890