Warrington v. Pollard
Supreme Court of Iowa
Appeal from Marion District Court. Tender : must be kept good : when money to be paid into court. — Action for work and labor, commenced before a justice. Defense: denial — also set-off — and a plea of tender of $50 in money before suit brought, with this averment: that defendant is “ still ready and willing to pay any amount plaintiff is justly entitled to, and for this purpose deposits that amount here in court.” It was not deposited when the answer was filed.
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Appeal from Marion District Court. Tender : must be kept good : when money to be paid into court. — Action for work and labor, commenced before a justice. Defense: denial — also set-off — and a plea of tender of $50 in money before suit brought, with this averment: that defendant is “ still ready and willing to pay any amount plaintiff is justly entitled to, and for this purpose deposits that amount here in court.” It was not deposited when the answer was filed. The record of the justice states, that, after the answer was filed, the defendant demanded a jury, a venire issued, a jury was…
1Opinion of the Court
Dillon, Ch. J.
tender: goodbykept ep0Slt' The only material question in the case is, whether the court below erred in taxing the defendant with the costs? The sum tendered was just equal to the sum recovered. Hence the amount tendered was sufficient to save the defendant from costs, provided the tender was kept good. It is settled by the prior decisions of this court, that, notwithstanding the statute, it is essential to keep the tender good by actually producing the money and depositing it in court where it may at any time be accepted and received by the creditor. Johnson v. Twiggs, 4 G.…
2Cases cited2 opinions
- Freeman v. FlemingSupreme Court of Iowa · 1858
- Mohn v. StonerSupreme Court of Iowa · 1862