Abercrombie v. Goode
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Bill by Edward Goode as administrator, against J. W. Abercrombie to foreclose a mortgage. Decree for complainant and respondent appeals. By the acceptance by appellee’s attorney and by appellee himJ self of appellee’s check, with the endorsement thereon contained, there was a complete accord and satisfaction of the mortgage.—Hand L. Go. v. Hall, 41 South. 78; Andrews v. Heller, 16 Ann.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Bill by Edward Goode as administrator, against J. W. Abercrombie to foreclose a mortgage. Decree for complainant and respondent appeals. By the acceptance by appellee’s attorney and by appellee himJ self of appellee’s check, with the endorsement thereon contained, there was a complete accord and satisfaction of the mortgage.—Hand L. Go. v. Hall, 41 South. 78; Andrews v. Heller, 16 Ann. Cas. 192; 1 Cyc. 329, 334: 20 L. R. A. 785; 148 N. Y. 326; 161 111. 329. The fact that the sum of $1,000.00 was credited on the note is strong…
1Opinion of the CourtMoCLELLAN, J.
In answer to the bill filed by appellee to foreclose a mortgage executed by appellant to appellee’s intestate, appellant asserted two defenses: Payment; accord and satisfaction. The particular subject of issue thus made was whether appellant had paid $120 of the sum ($1,500 and interest) secured by the mortgage. The note for $1,500, and mortgage were executed December 12, 1908. The note, bearing interest from its date, was due and payable one year after date. Two interest notes, due 6 and 12 months, respectively, after the even date, for $60 each, were also secured by *312the mortgage. These two…
2Cases cited7 opinions
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Demeules v. Jewel Tea Co.Supreme Court of Minnesota · 1908
- Seattle, Renton & Southern Railway Co. v. Seattle-Tacoma Power Co.Washington Supreme Court · 1911
- Hodges v. Tennessee Implement Co.Supreme Court of Alabama · 1898
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- American Nat. Ins. Co. v. ReedAlabama Court of Appeals · 1934
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