Reed v. Woodman
Supreme Judicial Court of Maine
Assumpsit for freight. The writ was served July 28, and the Court to which it was returnable was hoMen in November. The general issue only was pleaded. The freight amounted to $33,75. The question made, was one exclusively of costs. The defendant relied upon a tender made after the suit was brought.
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Assumpsit for freight. The writ was served July 28, and the Court to which it was returnable was hoMen in November. The general issue only was pleaded. The freight amounted to $33,75. The question made, was one exclusively of costs. The defendant relied upon a tender made after the suit was brought. The writ and service amounted to $3,90. M. A. L. Codman, Esq. called by the defendant, testified, that some time in the month of October following the service of the writ, he was witness to a lender of forty dollars in go Id, made by the defendant to W. P. Fessenden, Esq., as counsel for the…
1Opinion of the Court
The opinion of the Court was delivered by
Emery J.
This is a question exclusively of costs, but it has been argued as though it should be decided upon the strict doctrines applicable to the plea of tender, and the duty of a defendant as to bringing money into court in such cases.
The law respecting the pleading of a tender has been heretofore settled with some nice distinctions. If to debt on bond, the defendant pleaded that by a certain defeasance executed by the plaintiff, he agreed, that if the defendant would pay him 5 shillings on the pound for all that was due to the plaintiff, on or…
2Cases cited2 opinions
- Boyden v. MooreMassachusetts Supreme Judicial Court · 1809
- Claflin v. HawesMassachusetts Supreme Judicial Court · 1811