Legal Opinion

Fishburne v. Sanders

Supreme Court of South Carolina

Decided May 15, 1818Published

This was an action of debt, upon a former judgment, obtained on three promissory notes, on 14th June, 1806 ; and the plaintiff claimed not only the sum due, (a part having been paid of the principal of the judgment,) but also interest, as damages for the detention of the debt. _ Before the commencement of the action, in a conversation between the plaintiff and the defendant’s attorney, the latter said to the plaintiff, “ I am ready to pay you the balance of the original…

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This was an action of debt, upon a former judgment, obtained on three promissory notes, on 14th June, 1806 ; and the plaintiff claimed not only the sum due, (a part having been paid of the principal of the judgment,) but also interest, as damages for the detention of the debt. _ Before the commencement of the action, in a conversation between the plaintiff and the defendant’s attorney, the latter said to the plaintiff, “ I am ready to pay you the balance of the original judgment,” to which the plaintiff replied, he would not receive it; but there was no exhibition of money, or any other act…

1Opinion of the Court

The opinion of the Court was delivered by.

Cheves, J.

First, as to the tender, it is clear, according to the English practice,1 that a tender must be made before the commencement of the action; and the practice of this Court, I believe, to be the same. A tender seems to be sometimes confounded with the practice of paying money into Court, under what is called the common rule. It is said, this practice has not prevailed with us ; but this is a mistake. I have known it to be done, and I take it to be as clearly the practice of our Courts as that of the Courts of Westminster Hall, though, from…

2Cases cited1 opinion

  1. Watson v. FullerNew York Supreme Court · 1810

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