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§ 309.11 Tenders; payment of accepted tenders.
The local office refused to pay the entire amount, tendering payment for only $1,650.22.
Unless there was an express agreement for credit, the buyer could not bring an action of debt (in the case of fungible goods) or detinue (in the case of specific goods) until he paid or tendered payment.
The recurring complaint I heard from Afghans centered on the untenable encroachment of government corruption into their daily lives — the homeowner who has to pay a bribe to get connected to the sewage system, the defendant who tenders payment to a judge for a favorable verdict.
Even though the owner kept tendering payments, his checks were returned because association attorneys claimed they were "unable to accept partial payments". The court said in a 2014 ruling that the homeowners association must accept an owner's partial payment and apply it as prescribed by statute.
coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; [or] pass any..
If he defends the action on the ground of a lawful tender of payment, he must, of course, plead the tender, and may rightfully be required to bring into court the tender alleged to have been made.
In that case the effect of a tender in payment of taxes upon the subsequent act of the collector in seizing the personal property of the tax-payer was considered and decided, but there is nothing in the opinion which countenances the idea that such a tender was a payment of the taxes, so as to extinguish all subsequent claim of the state therefor.
Article 1, Section 10 of the Constitution says no state shall coin money, though Mr. Hilton and some others argue that a phrase used later, saying no state shall "make anything but gold and silver coin a tender in payment of debts" can be read as a license for Utah's new law and, perhaps, for a state's right to mint its own coins.
Some have noted that Article 1, Section 10 of the U.S. Constitution says that "No State shall...coin money". But the article then adds that states shall not "make any Thing but gold and silver Coin a Tender in Payment of Debts". Marshall's bill argues that clause, and some 19th century Supreme Court rulings, make Virginia coins legal tender.
The Constitution prohibits states from coining their own money and/or making anything other than gold or silver coins a tender in payment of debts.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com