Butts v. Swan

ON MOTION TO MODIFY.

Defendants after their motion for rehearing was overruled filed a motion to modify the opinion so as to require plaintiff to pay interest on the note to date of actual payment. This feature was not mentioned in the briefs and did not occur to us when disposing of the cause in the opinion filed. Plaintiff offered to pay the note in question and made proper tender as stated in the original opinion, but he did not deposit the amount due in court or elsewhere for the use of defendant Mrs. M.F. Swan the holder and owner of the note. Plaintiff has not lost the use of the money…