Warren v. Mains

7 Johns. 476 | N.Y. Sup. Ct. | 1811

Per Curiam.

It was competent to the plaintiff to show, that before the day of payment, the defendant had agreed to accept bank bills, as cash, and had dispensed with the necessity of a tender in gold and silver. The *477tender in bank bills was, consequently, good at the day, by reason of the previous waiver. The motion to set ~x~id~ the verdict ~`uust be denied.

Motion denied.