Western Union Telegraph Co. v. Hearne

ACKER, Presiding Judge.

—There was a deed of trust against the property of L. Hearne for $25,000, which by its terms became due at the •option of the holder upon default in the semi-annual payment of interest thereon for ten days after the maturity thereof. A payment of interest became due on the 1st day of December, 1886, which Hearne was unable to meet in full, and it was agreed that he should have until the 28th day of January, 1887, to pay the balance of $500 or deposit it in bank.

The money was deposited in bank on the 28th day of January, 1887, and the following message was prepared and…