COLBY v. REED


99 U.S. 560 (____)

COLBY v. REED.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Edwin H. Abbot for the plaintiff in error.

Mr. Matt. H. Carpenter, contra.


MR. JUSTICE CLIFFORD delivered the opinion of the court.

Tender, when the demand is of money, for a definite sum or for an amount capable of being made certain, may at common law be made on the very day the money becomes due, but it will constitute a defence only when made before the action is brought. Chitty, Contr. (10th ed.) 732, 733; 2 Pars. Contr. (6th ed.) 148; 9 Bac. Abr., Tender D. 321; Suffolk Bank v. Worcester Bank...

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