Ferrea v. Tubbs

Citations

• 125 Cal. 687
• 58 P. 308
• 1899 Cal. LEXIS 926

Syllabus

<p>Tender Pending Appeal from Judgment—Stoppage of Interest.— A tender by the defendant, to the plaintiff, pending an appeal by the plaintiff from a judgment in his favor, of the full amount of the judgment, with all costs, and interest to the date of the tender, if refused, stops interest from the date of the tender.</p> <p>Id.—Tender to Client Pending Suit—Authority of Attorney.—A tender pending suit is properly made to the opposite party personally, and need not be made to his attorney, whose authority to control the suit does mot preclude such tender. It primarily rests with the client, and not with his attorney, to decide whether or not the amount tendered shall be accepted in full satisfaction of his claim for money due.</p> <p>Id.—Refusal of Tender—Release of Interest.—The refusal by a plaintiff pending his appeal from a judgment of a valid tender made to him by the defendant, operates as a release by the plaintiff as judgment creditor of all interest which would otherwise have accrued thereon after the date of the tender.</p> <p>Id.—Conditional Tender—Demand for Receipt.—In this state, under section 1499 of the Civil Code, a debtor has a right to demand a written receipt from his creditor of any property delivered in performance of his obligation; and a valid tender of a sufficient amount may be properly conditioned upon a written receipt for the money tendered as payment in full of a judgment with interest and costs.</p> <p>Id.—Deposit of Money Tendered.—The money tendered need not be deposited in court, when it is not sought to extinguish the obligation, but merely to stop the running of interest.</p> <p>Id.—Interest upon Judgment—Stay of Execution—The stay of execution upon a judgment for the plaintiff pending an appeal therefrom by the plaintiff does not operate to suspend the running of interest, or preclude a tender by the defendant for the purpose of stopping interest thereon.</p> <p>Id.—Application to Supreme Court—Jurisdiction.—The respondent was no