Wilhite v. Ryan
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. W B. Wood. This action was brought by Thomas and C. B. Wilhite, against Thomas Ryan, to recover certain mill machinery, particularly described, with damages for its detention ; and was commenced on the 16th November, 1874. The cause was tried on issue joined on the plea of nondetinet; and there was a verdict and judgment for the defendant, under the charges of the court.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. W B. Wood. This action was brought by Thomas and C. B. Wilhite, against Thomas Ryan, to recover certain mill machinery, particularly described, with damages for its detention ; and was commenced on the 16th November, 1874. The cause was tried on issue joined on the plea of nondetinet; and there was a verdict and judgment for the defendant, under the charges of the court. During the trial, a bill of exceptions was reserved by the plaintiffs, in which* the facts are thus stated: “ The evidence in behalf of the plaintiffs tended to…
1Opinion of the CourtSomeryille, J.
It is a correct general rule of law, that every tender of .money, by a debtor to a creditor, must be absolute, and not coupled with conditions. It must not be offered in full of all demands, or on condition that' the creditor return the necessary change, or execute a release, ór on other similar terms leading to the embarrassment of the creditor’s legal rights. — 2 Greenl Ev. § 605; Bakeman v. Pooler, 15 Wend. 637. If, however, the condition interpolated is one not prejudicial to the creditor, and on which the debtor has a right, under the contract, to insist, it does not vitiate the…
2Cases cited4 opinions
- Wood v. HitchcockNew York Supreme Court · 1838
- Bakeman v. PoolerNew York Supreme Court · 1836
- Wheelock v. . TannerNew York Court of Appeals · 1868
- Green v. ShurtliffSupreme Court of Vermont · 1847
3Cited by9 opinions
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1918
- Lowe Armstrong v. ShinaultSupreme Court of Alabama · 1918
- Johnson v. WilliamsSupreme Court of Alabama · 1930
- Sellers & Co. v. Malone-Pilcher Co.Supreme Court of Alabama · 1907
- Equitable Life Assur. Soc. v. RobertsSupreme Court of Alabama · 1936
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