Johnson v. Garlichs
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The defendant tried every honorable way to prevent this suit. He offered thirty cents or forty-one cents by Ery before this suit was begun, and kept that tender good by depositing thirty cents with the constable after the suit was instituted, but before the trial of the cause had commenced.
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The defendant tried every honorable way to prevent this suit. He offered thirty cents or forty-one cents by Ery before this suit was begun, and kept that tender good by depositing thirty cents with the constable after the suit was instituted, but before the trial of the cause had commenced. R. S. 1889, sec. 6210. (2) Tender of the amount due * * * is not essential * * *' when it is apparent from the language used, that the tender would not be accepted. Westlake v. The City of St. Louis, 77 Mo. 47; Kensland and Ferguson…
1Opinion of the CourtEllison, J.
This action is based on account for laundry work, the amount claimed being $2.01. On appeal to the circuit court, the judgment was for plaintiff for thirty-one cents. Defendant brings the case here.
It appears that defendant was the agent for one or more fire insurance companies and sent his clerk or solicitor to plaintiff to solicit insurance. The result of the solicitation was that defendant took out a policy of insurance for $550. It further appears that plaintiff first thought of taking a $200 policy, but afterward concluded to take one for the larger sum. After the policy had been running…
2Cases cited14 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Spalding v. VandercookNew York Supreme Court · 1829
- Cass v. . HigenbotamNew York Court of Appeals · 1885
- People v. HumphreyNew York Supreme Court · 1810
- Loughborough v. McNevinCalifornia Supreme Court · 1887
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3Cited by6 opinions
- Emerson v. TreadwayMissouri Court of Appeals · 1954
- Comstock v. LagerMissouri Court of Appeals · 1899
- Eagan v. MartinMissouri Court of Appeals · 1899
- Koslosky v. BlochMissouri Court of Appeals · 1915
- Sanders v. MosbargerMissouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.