Sweetland v. Tuthill

Citations

• 54 Ill. 215

Syllabus

<p>1. Tendee—at what time it may be made. A debtor may, even after suit is brought, and at any time' before the trial, make a sufficient tender and relieve himself from future costs.</p> <p>2. But in such a case, he should tender a sum sufficient to cover all that t¿e creditor then has a right to recover, whether of debt, interest or costs, and if he tenders less, the tender is not good, and the plaintiff would be entitled to recover costs.</p> <p>3. Same—effect of ‘verdict for a less sum, than was tendered. A debtor tendered his creditor a certain sum as the amount due, which, being refused, was deposited in court. Upon a trial by jury, a verdict was rendered for a less sum, when the court ordered the residue to be refunded to the defendant: Held, this was error, the defendant having, by tendering the sum, admitted it was due.</p>