Strong v. Blake
New York Supreme Court
THIS is an appeal from a judgment for the foreclosure and sale of mortgaged premises situated in the city of Albany. The defense was, that after the commencement of the action, the amount due was tendered to the plaintiff and refused.
Read the full summary
THIS is an appeal from a judgment for the foreclosure and sale of mortgaged premises situated in the city of Albany. The defense was, that after the commencement of the action, the amount due was tendered to the plaintiff and refused. A witness, on behalf of the defendant, testified that he called upon the plaintiff and informed him that. he had come to make a tender ; that he had brought the money with him, which he now tendered him; that he took the money out of an qpvelope and presented it to the plaintiff, who referred him to his attorney, and refused to receive it; that when he was about…
1Opinion of the Court
By the Court, Miller, J.
In order to constitute a valid tender, it must be proved that there was a production of the money and an actual offer of it to the creditor; unless it bo shown that the latter dispensed with it by some positive act or declaration. It is not enough that he had the money in his pocket and informed his creditor that he was -ready to pay, without offering to do so ; nor that be retained it in an envelope. There must be an actual offer and pr^entation of the money, so that the creditor can take the money. (Bakeman v. Pooler, 15 Wend. 637. Dunham v. Jackson, 6 id. 22; note…
2Cases cited1 opinion
- Bakeman v. PoolerNew York Supreme Court · 1836
3Cited by8 opinions
- Englander v. RogersCalifornia Supreme Court · 1871
- Arnett v. SmithNorth Dakota Supreme Court · 1902
- Heine v. TreadwellCalifornia Supreme Court · 1887
- Stakke v. ChapmanSouth Dakota Supreme Court · 1900
- Rumpf v. SchiffAppellate Terms of the Supreme Court of New York · 1908
3 more not listed; retrieve them via the Exa API.