Sec 985

The objection to the character of the money must be specific, and may be waived by the creditor. Thus where a creditor, on a payment being tendered to him in bank-notes which are not a legal tender, objects, not to the character of the notes, but to the amount, this is a waiver of the objection to the character of the notes.5

Objection to character of money may be waived.

1 Hallowell Bank V. Howard, 13 Mass. 235; Coxe V. Bank, 3 Halst. 172; supra, sec 786. But see Northampton Bank V. Balliet, 8 W. & S. 311.

2 Leake, 2d ed. 864.

3 Knox V. Lee, 12 Wall. 457; Parker V. Davies, 12 Wallace, 461; see Metrop. Bk. V. Van Dyck, 27 N. Y. 400; Verges V. Giboney, 38 Mo. 458; Van Husan V. Kanouse, 13 Mich. 303.

4 Butler V. Horwitz, 7 Wall. 258;.

Trebilcock V. Wilson, 12 Wall. 687; Indep. Ins. Co. V. Thomas, 104 Mass. 192; Rankin V. Demott, 61 Penn. St. 263; Vilhac V. Biven, 28 Cal. 410; O'Neil V. McKewn, 1 S. C. 147. But see Jones V. Smith, 48 Barb. 552.

5 Leake, 2d ed. 864; Polglass V. Oliver, 2 C. & J. 15; Jones V. Arthur, 8 Dow. 442; Steam Stoker Co. in re, L. R. 19 Eq. 416; Snow V. Perry, 9 Pick. 542; Warren V. Mains, 7 Johns. 476.

If the objection be not specifically taken, bank-notes will be considered as a sufficient tender.1 If required, however, the payment must be in currency.*

Sec 986

Unless requested by the creditor, a debtor does not discharge his indebtedness by a cheque or post-office order, though it is otherwise if the creditor colleets the money or loses the security. He may, however, refuse to receive it, or if he receive it, may retain it as collateral, without accepting it in liquidation.3 It has been held, however, in Maryland, that a tender of the creditor's own overdue notes is equivalent to a tender of currency;4 and this may be the law in those states in which a set-off may be used as a tender, but not elsewhere.3 At common law, the tender can only be made in currency.6