People's Bank & Trust Co. v. Walthall
Supreme Court of Alabama
Appeal from City Court of Selma; J. W. Mabry, Judge. Detinue by T. A. Walthall, Jr., against the People’s Bank & Trust Company. The facts sufficiently appear. The following charges complained of were given for plaintiff: (3) I charge you that a check received in payment of a debt, or for property sold, or as a loan, is not the same as cash unless it is so accepted and treated by the party receiving it, and, unless it i,s so received and treated, it, in law, is not a payment.
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Appeal from City Court of Selma; J. W. Mabry, Judge. Detinue by T. A. Walthall, Jr., against the People’s Bank & Trust Company. The facts sufficiently appear. The following charges complained of were given for plaintiff: (3) I charge you that a check received in payment of a debt, or for property sold, or as a loan, is not the same as cash unless it is so accepted and treated by the party receiving it, and, unless it i,s so received and treated, it, in law, is not a payment. (4) If a trade is made between parties for cash on delivery and the buyer gives the seller the chock which is…
1Opinion of the CourtMcODELDAN, J.
Detinue, instituted by appellee against appellant (substituted defendant) to recover 16 bales of) cotton. Appellee lived near Newbern, 40 miles from Selma. On April 16, 1910, he was the un qualified owner of the cotton here involved. He had shipped it to Selma, consigned to himself. On that day he delivered the bill of lading to his father, T. A. Walthall, Sr., with direction to sell the cotton if a satisfactory price could be obtained. The father came to Selma and, in accordance with appellee’s direction, entered upon negotiations to effect a sale of this cotton to Knight, Yancey & Go.,…
2Cases cited8 opinions
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Barlow v. LambertSupreme Court of Alabama · 1856
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- Loval v. WolfSupreme Court of Alabama · 1912
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