72 Mo. App. 403 | Mo. Ct. App. | 1897
This action is based on the official' bond of defendant Hull, treasurer of the St. Joseph school board, and the other defendants as his sureties. Judgment in the trial court was for defendants.
It is conceded that the warrant itself is not an interest bearing obligation, interest being prohibited by section 8017 of the statute of 1889. But plaintiff’s claim is really based upon an alleged nonperformance of duty by Hull, the treasurer, in not paying the warrant when demanded, whereby he rendered himself and his sureties liable on his official bond for the damages sustained, which would be the interest on the sum detained.
So it was said in Towslee v. Healy, 39 Vt. 522, ‘ ‘that when a sum of money is tendered or offered in satisfaction of a claim, and the .tender or offer is accompanied with such acts and declarations as amount to a condition that if the money is accepted, it is accepted in satisfaction, and such that the party to whom it is offered is bound to understand therefrom that if he takes it, he takes it subject to such condition, an acceptance under such an offer constitutes an accord and satisfaction, notwithstanding the party when he took the money claimed more, or declared he did not take it in full.” The case of R'y v. Allen, 46 Ark. 217, like the case at bar, was where the party accepting the conditional offer did so under protest and threatened suit for the balance claimed; but he was held barred by his acceptance.
The judgment is affirmed.