Quynn & M'Hard v. Whetcroft

¹³⁷ The opinion of the court was delivered by S. Chase, Ch. J. (Goldsborough, J. concurring.) The court are of opinion that no tender is legal, or can be admitted to be proved, before the day of payment mentioned in the condition of the bond. As the creditor cannot sue, so neither should he be compelled to receive, before the day; the words in the condition being “ at or Upon? which had not arrived when the tender was made.

The court are also of opinion that the act of October, 1780, c. 5. had no relation to continental contracts, where the day of payment was after the continental money was called out of circulation. The court are, therefore, of opinion, that no evidence ought to be admitted to prove the facts stated by the defendant. The defendant excepted, and appealed to the court of appeals. ¹³⁸ SSucere, whether tender before the day, at common law, can stop interest? Martin, (Attorney-General,) contra.

Tender of money in a bag is not good, unless counted out. Stra. 916. Co. Litt. 208. a. 5 Co. 115. a. Noy, 74. 1 Crompt. 512. 1 Roll.

Abr. 445, 446. 2 Com. Dig. 452. Co. Litt. s. 343. 4 Leon. 245. Yelv. 38. 2 Cro. 14. 2 Vent. 109. 1 Raym. 687. 2 Cro. 499. 5 Co. 114. a. 8 Co. 92. b.

Co. Litt. 202. a. 210. b. Salk. 624. Doug. 26. 659. Esp.

Rep. 111. 115. Question, whether