Balme v. Wambaugh
Supreme Court of Minnesota
This action was commenced in the court of common pleas of Kamsey county, against Henry Wambaugh and Alois Fox. Pending the suit Henry Wambaugh died and his administrators were substituted for him as defendants.
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This action was commenced in the court of common pleas of Kamsey county, against Henry Wambaugh and Alois Fox. Pending the suit Henry Wambaugh died and his administrators were substituted for him as defendants. The plaintiffs, in their complaint, asked that a certain mortgage executed by them to Henry Wambaugh, be decreed to be released as of the date of October 24-, 1858, and to be cancelled and discharged of record, and that a foreclosure of the same might be declared void. Upon a trial by the court without a jury, the facts appeared' to be as follows: On the 21st October, 1856, at the city…
1Opinion of the Court
By the Court
McMillan, J.
The first question pre*119sented for our determiuation in this case is, whether the lien of the mortgage from. Balme and wife, the plaintiffs, to Henry Wambaugh one of the defendants, was discharged by a tender, at the law day, of the amount due upon the note to secure which the mortgage was given. The general rule is, that a tender, to be sufficient, must be without condition or qualification. Brooklyn Bank vs. DeGrauw, 23 Wend. 342; Wood vs. Hitchcock, 20 Ib. 47; Thayer vs. Brackett, 12 Mass. 450; Loring vs. Cocke, 3 Pick. 48. But where it is the duty of the creditor on…
2Cases cited2 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Thayer v. BrackettMassachusetts Supreme Judicial Court · 1815
3Cited by3 opinions
- Sanitary Farm Dairies, Inc. v. GammelCourt of Appeals for the Eighth Circuit · 1952
- Moore v. NormanSupreme Court of Minnesota · 1892
- Malone v. WrightTexas Supreme Court · 1896