Voss v. McGuire
Missouri Court of Appeals
Appeal from Polk Circuit Court, Hon. W. J. Wallace, Judge. Statement of case by the court. This action was instituted in a justice’s cohrt. After the service of summons, and before the trial in the justice’s court, the defendant made payment to the constable, as a tender for the plaintiff, of a sum greater than the amount ultimately recovered by the plaintiff, together with the amount of costs then accrued. The ■plaintiff had judgment in the justice’s court.
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Appeal from Polk Circuit Court, Hon. W. J. Wallace, Judge. Statement of case by the court. This action was instituted in a justice’s cohrt. After the service of summons, and before the trial in the justice’s court, the defendant made payment to the constable, as a tender for the plaintiff, of a sum greater than the amount ultimately recovered by the plaintiff, together with the amount of costs then accrued. The ■plaintiff had judgment in the justice’s court. On appeal to the circuit court, plaintiff again recovered judgment. On appeal taken to this court, the judgment of the circuit court was…
1Opinion of the CourtPhilips, P. J.
The only ground, as I understand the position of the plaintiff, for sustaining the action of the trial court in refusing to tax the costs against the plaintiff is, that the defendant failed to keep his tender good. In other words, by obtaining the money from the clerk, as he did, he lost the benefit of the tender. In this construction of the statutes, I am unable to concur.
I. The rule of law respecting the necessity of keeping the tender good has no application to the facts and situation of this case. It apjfiied to common law tenders, and the making proferí of the money at the trial. Where,…
2Cases cited5 opinions
- Murray v. BethuneNew York Supreme Court · 1828
- Reed v. ArmstrongIndiana Supreme Court · 1862
- Brickett v. WallaceMassachusetts Supreme Judicial Court · 1868
- Mohn v. StonerSupreme Court of Iowa · 1860
- Mohn v. StonerSupreme Court of Iowa · 1862
3Cited by10 opinions
- Ruppel v. Missouri Guarantee, Savings & Building Ass'nSupreme Court of Missouri · 1900
- Long v. Greene County Abstract & Loan Co.Supreme Court of Missouri · 1913
- Eagan v. MartinMissouri Court of Appeals · 1899
- Johnson v. GarlichsMissouri Court of Appeals · 1895
- Kansas City Transfer Co. v. NeiswangerMissouri Court of Appeals · 1887
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