Hidden v. German Savings & Loan Society

Citations

• 48 Wash. 384
• 93 P. 668
• 1908 Wash. LEXIS 876

Syllabus

<p>Accord and Satisfaction — Part Payment — Consideration — Estoppel. Where a mortgagee deemed himself insecure by reason of large accumulations of overdue interest, and agreed to remit a portion of the interest and reduce the rate thereafter in consideration of payment of a part of the interest then due, he cannot, after accepting the payment, and after the lapse of three years and the acceptance of interest at the reduced rate, assert the invalidity of the original agreement for want of consideration.</p> <p>Chattel Mortgages — Expense of Insurance — Tender. Where a chattel mortgage contained no provision requiring the mortgagors to keep the property insured, and there was no collateral agreement to that effect, a tender of the amount due the mortgagee need not include the expense of insurance procured by him.</p> <p>Tender —• Bills and Notes — Medium of Payment —■ Estofpel. Where tender of a draft of the amount due on a note payable in gold coin is not objected to at the time upon that ground, it cannot after-wards be urged that the tender was insufficient because not made in gold.</p>