Dorman v. McFarlan

Citations

• 124 Miss. 811
• 87 So. 275

Syllabus

<p>1. Mortgages. Arrangements to have third party pay indebtedness at, bank held insufficient as legal tender.</p> <p>AVhere a party seeks an injunction against a foreclosure under a deed of trust on the ground that he has made a legal tender of the amount due, proof showing that he had stated to the owner Qf the indebtedness that he was ready to pay it if the owner would go to a named bank and wait,until the following morning, and the proof further showing that he did not have the money in the bank in his name, but had merely arranged with a third party to get the money, is insufficient to constitute a legal tender. In order to make a valid legal tender, the party must be ready then and there to pay the money if his offer is accepted.</p> <p>2. Bills axd Notes. Maker reacquiring note not entitled to attorney’s fee as against third person assuming payment.</p> <p>Where a party executed a promissory note providing for the payment of an attorney’s fee in case the note is placed in the hands of an attorney for collection, and afterwards makes a contract with another person to pay the indebtedness evidenced by such note, the agreement to assume being silent as to attorney’s fee; and where the party at maturity of said notes arranges for delay in the payment with the holder; and where the original maker in order to protect his own interest reacquires his notes and demanded payment, which is not made, and places the notes in the hand of an attorney for collection, which attorney refuses ta accept payment of principal and interest unless an attorney’s fee is also paid — the owner cannot, under the circumstances stated in the opinion, recover an attorney’s fee on said note.</p>