Collier v. White

Decided October 15, 1889

Mississippi Supreme Court · decided 1889-10-15

From the circuit court of Sunflower county. Hon. George Winston, Judge. Appellant Collier, as trustee for G. W. Faison & Co., brought this suit of replevin to recover from appellee, White, eight bales of cotton, upon which Faison & Co. held a trust deed executed by one Tanner. The cotton was part of the crop of Tanner, raised upon land rented from the appellee, and the trust deed was given to secure advances and supplies furnished during the year by Faison & Co. to Tanner.

Good law ✅— No negative treatment on recordhow we know

Decided 1889-10-15

How this case has been cited

Cited by 5 later decisions — most recently January 1934

1 federal appellate · 4 state decisions

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Cooper, J.,

¶1delivered the opinion of the court.

¶2The judgment in this cause must be reversed. The offer by White before suit brought to pay by a check the sum he admitted to be due by Tanner, and which he had agreed to pay, was not a tender sufficient in law.

¶3The sum paid into court by White after suit brought was insufficient to defeat the plaintiff’s right to recover to the extent of the sum admitted to be due by White. No tender was made of the accrued costs, and if such sum had been tendered, the plaintiff by refusing to accept the offer would' not preclude himself from recovering to an,amount to which the evidence showed him to be entitled. Refusing the tender as made, he could not recover costs, unless he secured a verdict for a greater sum than that admitted.

¶4On the facts of this case the plaintiff should have had judgment, at least for the sum which White had agreed with Tanner to pay.

¶5Judgment reversed.