Weinberg v. Naher

Citations

• 51 Wash. 591
• 99 P. 736
• 1909 Wash. LEXIS 1235

Syllabus

<p>Mortgages — Maturity of Debt — Option to Declare Whole Debt Due — Waiver—Tender of Overdue Payment. An option in a mortgage note to declare tbe whole debt due for default in payment of interest cannot be exercised after lawful tender of an overdue interest installment.</p> <p>Limitation of Actions — Time—Accrual of Right of Action. Failure to pay an installment of interest, under a clause authorizing the payee to declare the whole debt due, does not start the running of the stat.ute of limitations.</p> <p>Same — Exercise of Option — Notice—Sufficiency. Letters stating that a loan will be called in if the mortgagor does not in a week further secure the loan by an insurance policy, and that the mortgagee will insist on the policy or call in the loan, do not amount to an election to declare the whole sum due on account of default in the payment of interest.</p> <p>Tender — Conditions—Waiver of Objections. Where at the time a tender of interest was made through a payment to a bank, coupled with a request that the mortgagee call and receive it, the mortgagee, in writing, gave as his only reason for refusing the tender, that the interest was past due, he cannot afterwards object that the tender was not lawful because coupled with a condition and not made to him personally.</p> <p>Tender — Necessity. A formal tender is excused where it appears that it would be refused.</p>