New York Court of Appeals, 1854

Holmes v. Holmes

Holmes v. Holmes
New York Court of Appeals · Decided April 18, 1854
1 Seld. Notes 240

Holmes v. Holmes

Opinion of the Court

The averment of a tender, in legal effect, is simply an affirmation that the party has done all that it was in his power to do towards the fulfilment of his obligation or duty. Evidence, therefore, of the waiver of a tender by the opposite party is competent and sufficient to support the averment of a tender.

(S. C., 12 Barb. 137; 9 N. Y. 525.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.