514.230. Deposit or tender made before suit, plaintiff not to recover costs. — In all actions where, before suit brought, tender shall be made and full payment offered, by discount or otherwise, in such specie and at such time and place as the party, by contract or agreement, ought to do, and the thing tendered, if in money, shall be deposited in court, or if not money, committed under an order of court to the sheriff or other officer of court, for the use of the plaintiff, before the trial of the cause shall commence, and the party to whom such tender shall be made doth refuse the same, and yet afterward will sue for the debt or property so tendered, the plaintiff shall not recover any costs in such suit, but the defendant shall recover costs, as if the judgment in the cause had gone in his favor upon the merits.
Notes of Decisions
Cited in
4
cases, 1954–1967 · leading case:
Emerson v. Treadway, 270 S.W.2d 614 (Mo. Ct. App. 1954).
Emerson v. Treadway, 270 S.W.2d 614 (Mo. Ct. App. 1954).
· cites it 4× “240, cited by defendants, provides that: “Where tender and no deposit shall be made, as provided in section 514.230, the tender shall only have the effect, in law, to prevent the running of interest or accumulation of damages from and after the time such tender was made.”
Willis v. Am. Nat'l Life Ins. Co., 287 S.W.2d 98 (Mo. Ct. App. 1956).
· cites it 2× “, which provides, “Where tender and no deposit shall be made, as provided in section 514.230, the tender shall only have the effect, in law, to prevent the running of interest or accumulation of damages from and after the time such tender was made.”
City of Mexico v. Baysinger, 313 S.W.2d 166 (Mo. Ct. App. 1958).
· cites it 4× “Section 514.230 RSMo 1949, V.A.M.S., provides that if full tender shall be made and full payment offered and refused, plaintiff shall not recover any costs.”
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