This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Tender can be made only to the creditor,1 or to one of two or more joint creditors,2 or to the duly authorized agent, of the creditor,3 or his personal representatives.4 Tender of a debt due to a building and loan association made to the local secretary is sufficient.5 A tender may be made to the attorney at law in whose hands the claim has been placed for collection.6 A tender made, after a bona fide attempt to find the creditor, to the creditor's son who is authorized to reject the tender unless a receipt in full of all demands is also given by the debtor, is sufficient.7
11 Adam Roth Grocery Co v. Hop-kins (Ky ), 29 S. W. 293 [rehearing denied, 30 S. W. 4051.
1 McDougald v. Dougherty, 11 Ga. 570; Sharp v. Garesche, 90 Mo. App. 233.
2 Gibson v. Lyon, 115 U. S. 439, 29 L. ed 440; Mahler v. Newbaur, 32 Cal. 188, 91 Am. Dec 571; Sinclair v. Learned, 51 Mich. 335, 16 N. W 672
3 Kincaid v. School District, 11 Me. 188.
4 Hampshire Manufacturers' Hank v. Billings, 34 Mass. (17 Pick.) 87.
5 Noyes v. Wyckoff, 114 N Y. 204, 21 N. E. 158.
6 Neldon v. Roof, 55 N. J. F,q. 608, 38 Atl. 429.
7 Davies v. Dow, 80 Minn. 223, 83 N. W. 50.
1 King v. Finch, 60 Ind. 420; Grand Lodge of Brotherhood of Railroad Trainmen v. Clark, - lnd. - , 127 N. Vs. 280; Fletcher v. Daugherty, 13 Neb. 221, 13 N. \V. 206.
2 Flanigan v. Seelye, 53 Minn. 23, 55 N. W. 115; Carman v. Pultz, 21 N. Y. 547; Dawson v. Ewing, 16 S. & R. (Pa.) 371; Prescott v. Everts, 4 Wis. 314.
3 Western & Atlantic Ry. Co. v. Atkins, 141 Ga. 743, 82 S. E. 139; Hoyt v. Byrnes, 11 Me. 475; McIniffe v. Wheelock, 67 Mass. (1 Gray) 600.
4 Ratcliff v. Davies, Cro. Jac. 244.
5 Smith v. Old Dominion Building & Loan Association, 119 N. Car. 257, 26 S. E. 40.
A tender made to one who is not the debtor or his authorized agent or representative is without legal effect.8 A tender to an agent not authorized to receive payment is without legal effect; 9 and so is a tender made to executors named in a will not yet probated.10 Payment into court is inoperative in the absence of statutory authority therefor.11
If the debtor is misled as to the identity of the creditor,12 as where the original creditor has assigned the debt without notice to the debtor,13 a tender to the party who the debtor is led to believe is his creditor is sufficient.