This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 Excerpt: ...the debtor, having been always ready and willing to pay, may pay or tender the amount of his debt in performance of his contract at any time. Thus, a promissory note payable on demand is, in general, due and payable at once without demand; and the right of the creditor to sue upon it is so far complete at the date of ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 Excerpt: ...the debtor, having been always ready and willing to pay, may pay or tender the amount of his debt in performance of his contract at any time. Thus, a promissory note payable on demand is, in general, due and payable at once without demand; and the right of the creditor to sue upon it is so far complete at the date of the note, that the Statute of Limitation runs against him from that date (/). But such a note is not considered as overdue so as to affect an indorsee with its equities (g); and a tender of the amount of the note with interest may be made at any time before it is actually demanded, or an action is brought upon it (h). So, to actions framed in the general form of indebitatus counts, the defendant may plead that he was always ready to pay and that he tenfa) Poole v. Tumbridge, 2 M. & W. (e) 2 Wms. Saund. 48 6, n. (i); Player 223, 225; Dixon v. Clark, 5 C. B. 365, v. Blandy, 10 Mod. 26; Dixonv. Parses, 379; Dobie v. Larkan, 10 Ex. 776, 779. 1 Esp. 110. (ft) Uumev. Pep(oe,8East, 168; Poole (/) Maltby v. Murrell, 5 H. & N. v. Tumbridge, 2 M. & W. 223; Dobie v. 813; 29 L. J. Ex. 377; Norton v. Ellam, Larkan, 10 Ex. 776. 2 M. & W. 461; and see Hartland v. (c) Hume v. Peploe, 8 East, 168; Jukes, 1 H. & C. 6R7; 32 L. J. Ex. 162. Poole v. Tumbridfie, 2 M. & W. 223; (n) Jirooks v. Mitchell, 9 M. & W. 15. Dixon v. Clark. 5 C. B. 365, 379. (h) Norton v. Ellam, supra; Cotton (0 Per Parke, B., Poole v. Turn-v. Godwin, 7 M. & W. 147. bridge, 2 M. & W. 22=3, 226. dered before suit; and it lies upon the plaintiff to reply the facts showing that the debt waa payable upon a particular day, or that it was otherwise such that the tender pleaded was not applicable (a). To an action for money received by the defendant to the use o...
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