34 Iowa 205 | Iowa | 1872
We need not determine, whether in a case where a note is payable generally, the parties may agree upon a place of payment, and prove such agreement by parol evidence. The authorities are not in harmony upon this question. It is held that such proof is competent in Pearson v.
It becomes unnecessary for us to decide the question in this ease, because, even if such proof is competent, it becomes quite immaterial, since the defendant did not offer to prove that the money was set apart, or left at the bank, for the payment of this note. It was his duty to so leave the money at the bank, as that, in case of demand, it could be applied to the payment of the note. The failure of the plaintiff to demand payment there did not excuse the defendant from providing for its payment. The fact that the defendant was able to pay merely will not relieve him from liability for costs and interest; he must have been ready to pay, and it was held in one case that he must show his readiness by paying the money into court. Caldwell v. Cassidy, 8 Cow. 271; see, also, Games v. Manning, 2 G. Greene, 251; and the cases cited in note (a), in 1 Pars. on Notes and Bills, 309.
III. The court refused to hear the defendant argue his motion for a new trial. The refusal may have been error; but, if so, it was error without prejudice, since the court decided correctly. "We cannot reverse a judgment, except for error which works prejudice to the party complaining.
Affirmed.