Berthold v. Reyburn
Supreme Court of Missouri
Appeal from St. Louis Land Court. In this case, the petition set forth that on the 10th March, 1860, Pierre Berthold executed to Juliette Y. Eeyburn his promissory negotiable note for $7,000, and also six interest notes, each for $350 — the first payable in three years aftér date, and the interest notes at intervals of six months, and all bearing interest after maturity at ten per cent, per annum ; that, to secure the payment of these notes, Amedée Berthold executed a deed…
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Appeal from St. Louis Land Court. In this case, the petition set forth that on the 10th March, 1860, Pierre Berthold executed to Juliette Y. Eeyburn his promissory negotiable note for $7,000, and also six interest notes, each for $350 — the first payable in three years aftér date, and the interest notes at intervals of six months, and all bearing interest after maturity at ten per cent, per annum ; that, to secure the payment of these notes, Amedée Berthold executed a deed of trust, conveying certain land therein described to the trustee of Mrs. Eeyburn; that all of the interest notes were…
1Opinion of the CourtWagner, Judge
That the tender made on the' 5th day of J.uly, 1864, by the plaintiffs’ agent to the defendant was good, is not seriously questioned in this case. As a general rule, to make a tender of money valid, the money must be actually produced and proffered, unless the creditor expressly or impliedly waives this production; and the creditor may not only waive the actual production of the money, but the actual possession of it in hand by the debtor — 2 Pars. Cont. 642, 5th ed. Nor is the debtor bound to count out the money, if he has it and offers it when the creditor refuses to receive it — Wheeler v.…
2Cases cited1 opinion
- Town of Thetford v. HubbardSupreme Court of Vermont · 1850
3Cited by7 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- Willis v. American National Life Insurance Co.Missouri Court of Appeals · 1956
- Thompson v. St. Charles CountySupreme Court of Missouri · 1910
- Stephenson v. KilpatrickSupreme Court of Missouri · 1901
- Cunningham v. Wabash RailroadMissouri Court of Appeals · 1912
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