A Treatise on the Law of Tender, and Bringing Money Into Court Not Only in Support of a Plea of Tender; But Under the Common Rule

A Treatise on the Law of Tender, and Bringing Money Into Court Not Only in Support of a Plea of Tender; But Under the Common Rule : Together with a Chapter on Offer of Judgment

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...three days before commencement of the term," at which the action is returnable, both the day on which the tender is made and the first day of the term are excluded." The rule for computing time where money is to be paid, or anything is to be done at the expiration of a certain time from the doing of a certain act, is not entirely settled. According to some authorities the day of the act is to be included," while other authorities are to the contrary holding that 12 Whiteman v. Perkins, 76 N. entry for condition broken, withW. Rep. (Neb.) 547. in which a mortgagor may re 1Good v. Webb, 52 Ala. 452; Roehner v. The Knickerbocker, Life Ins. Co., 63 N. Y. 160; Woodbridge v. Brigham, 12 Mass. 402, s. c. 7 Am. Dec. 85; Avery v. Stewart, 2 Conn. 69; Hadley v. Cunningham, 12 Bush, 402; Sandsv. Lyons, 18 Conn. 18. 2Lester v. Garland, 15 Ves. 248, s. p. Sands v. Lyons, 18 Conn. 18. 8 Biglow v. Willson, 1 Pick. 485. In computing three years after deem, the day of entry is to be excluded, and in such n case a tender made on August 15th, 1828, when the entry was made on August 15th, 1825, was held good in Wing v. Davis, 7 Me. 31. 41894, G. S. Minn. 5 5222. 5 Willey v. Laraway, 64 Vt. 566, s. c. 25 A. Rep. 435. 0 Bellasis v. Hester, 1 Ld. Raym. 280; Hadley v. Cunningham, 12 Bush. 402; Batman v. Megowan, 1 Met. (Ky.) 547; Pearpaint v. Gra the day of the act must be excluded.' But the weight of the authorities appear to establish the rule that the day of the act is to be included. In computing time fractions of days are counted as days." 309. Fixing the time--Enlarging or accelerating the time by parole when.--Where no time is fixed for performance the parties may fix a time. If the time is specified in a simple...show more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123699003X
  • 9781236990037