Liebbrandt v. Myron Lodge No. One, of the Old Free Order of Chaldea
Illinois Supreme Court
Liebbrandt v. Myron Lodge No. One, of the Old Free Order of Chaldea, 61 Ill. 81 (Ill. 1871)
Liebbrandt v. Myron Lodge No. One, of the Old Free Order of Chaldea
Opinion of the Court
The affidavits upon which the motion was made to set aside the judgment entered upon the warrant of attorney, disclose no defense to the note, or ground for equitable relief. There was no tender of the amount made. An offer to pay in the manner stated does not amount to a tender. The supposed agreement with the principal in the note to extend time of payment, is lacking in an essential element of a valid agreement. It was wholly wanting in consideration, and no time was specified. "No act was done which would legally tie the hands of the plaintiff below for a single instant.
The judgment of the court below is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- Gottlieb F. Liebbrandt v. Myron Lodge No. One, of the Old Free Order of Chaldea
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Tender.—what amounts to. A party having executed to Myron Lodge No. 1, of the Old Free Order of Chaldea, a certain promissory note, stated that, after the maturity of the note, he offered in open lodge of said Order to the said lodge itself, and members present, to pay the note and interest; that they then and there refused to take the money and gave him further time without his wish, knowing that, at the time he so offered to pa3r the note and interest, he had the money to do it with: Held, that an offer to pay in the manner stated did not amount to a tender. 2. Surety—release of by agreement of the payee with, the principal maker of a note to extend the time of payment. -An agreement by the payee of a promissory note, with the principal maker, to extend the time of pa3,ment without a consideration, does not release the suret3r from liabilhy.