Chicago & Eastern Illinois Railway Co. v. Kamman

Citations

• 119 Ill. 362
• 10 N.E. 217
• 1887 Ill. LEXIS 1071

Syllabus

<p>Tender—acceptance—whether not in full satisfaction. A railway company, before suit brought, tendered to .a party a sum less than his demand, in full satisfaction,-which was refused, and upon suit brought before a justice of the peace, deposited the tender with the justice, to be paid to the plaintiff on condition it was accepted in full, which was again refused, and a trial had, resulting in a judgment for a larger sum than that tendered. After the judgment, the justice, on the advice of the plaintiff’s attorney, applied part of the deposit upon the costs, and paid the. residue to the plaintiff in part payment of the judgment, the latter not accepting the same in full satisfaction: Held, that a bill by the company to enjoin the collection of the balance of the judgment was properly dismissed. The question of authority, or want of authority, in the justice to make such application of the tender, it was not considered important to consider.</p>