There is some conflict of authority as to whether a tender of the full amount of a negotiable instrument is insufficient when coupled with a demand for the surrender thereof. The better rule is that as the holder of the instrument ought to surrender it on payment, such tender is sufficient,1 Some authorities, however, hold that a demand that a note should be surrendered where the note is mislaid2 or not in the possession of creditor's attorney on whom such demand is made, this fact being known to the debtor,3 makes the tender insufficient by adding a condition that the law does not require.