Whelan v. Reilly
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The tender was not made to the holder of the notes (Cripples.) although he was known to the plaintiff and known to be the holder, and his residence andplace of business were known. Plaintiff’s agent, Keely, was informed that Krum & Patrick were not authorized to receive payment of the notes, and that they were not in their hands for collection.
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Appeal from St. Louis Circuit Court. I. The tender was not made to the holder of the notes (Cripples.) although he was known to the plaintiff and known to be the holder, and his residence andplace of business were known. Plaintiff’s agent, Keely, was informed that Krum & Patrick were not authorized to receive payment of the notes, and that they were not in their hands for collection. (See Berthold vs. Reybnrn, 37 Mo., 580; Smith vs. Keels, 15 Rich. [S. C.], 318.) Plaintiff failed to secure the benefit of his tender, if any, by not paying the money into court. (Daughdrill vs. Sweeney, 41 Ala.,…
1Opinion of the CourtSherwood, Judge
The case presented is this : In November, 1871, the plaintiff owning certain lots in Stoddard’s addition to the city of St. Louis, executed jointly with John Whelan, a promissory note for $2,000 payable three years after date, together with interest notes for $100 each, maturing respectively in 6, 12, 18, 24, 30 and 36 months. The deed of trust which to secure the debt conveyed the lots to the defendant, Reilly, as trustee, was so drawn that in case of default made in the payment of any of the interest notes, etc., then the whole amount of the debt secured should immediately become due and…
2Cases cited4 opinions
- Erwin v. BlakeSupreme Court of the United States · 1834
- Phillips v. PhillipsSupreme Court of Missouri · 1872
- Berthold v. ReyburnSupreme Court of Missouri · 1866
- Pickett v. BatesSupreme Court of Louisiana · 1848
3Cited by65 opinions
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Rains v. MoulderSupreme Court of Missouri · 1936
- Murray v. O'BrienWashington Supreme Court · 1909
- Bell v. CampbellSupreme Court of Missouri · 1894
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
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