Ashburn v. Poulter
Supreme Court of Connecticut
Assumpsit for work and labor, with a process of foreign attachment, brought by appeal from a justice of the peace to the city court of the city of Waterbury. The defendant pleaded a tender of $17.85, the amount of the indebtedness as set forth in the bill of particulars, which plea was traversed and issue closed thereon to the court. The city court made the following fiuding of facts and made the same a part of the record.
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Assumpsit for work and labor, with a process of foreign attachment, brought by appeal from a justice of the peace to the city court of the city of Waterbury. The defendant pleaded a tender of $17.85, the amount of the indebtedness as set forth in the bill of particulars, which plea was traversed and issue closed thereon to the court. The city court made the following fiuding of facts and made the same a part of the record. The writ was issued on the 14th of July, 1868, and had a factorizing process attached to it, directing the officer serving the same to leave an attested copy of -the writ…
1Opinion of the CourtButler, J.
Although the production and presentation of the money is ordinarily one of the necessary elements of a lawful tender, it is one the creditor may waive, and I am satisfied that the Superior Court was right in holding this tender sufficient, and reversing the judgment of the city court.
1. The plaintiff met the defendant upon the street and said in substance: “ I am now ready to pay you the $17.85 which I owe you” — -having money in his pocket sufficient to pay the *556debt and intending to pay it. The plaintiff replied : “ There have been costs made, and you have got to settle with my attorney, Mr.…
2Cases cited1 opinion
- Sands v. LyonSupreme Court of Connecticut · 1846
3Cited by5 opinions
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- Colby v. ReedSupreme Court of the United States · 1879
- Schultz v. O'RourkeMontana Supreme Court · 1896
- Williams v. PatrickMassachusetts Supreme Judicial Court · 1900
- Jones v. AmesSuperior Court of New Hampshire · 1806