Polk v. Kirtland
Tennessee Supreme Court
PROM SHELBY. Appeal from the decree of the Chancery Court, October Term, 1867. 'William M. Smith, Oh.
1Opinion of the CourtTurney, J.
A writing in the words: “Rec’d June 2, 1864, of J. J. Polk, Esq., fifteen thousand dollars New York funds to be converted into coin, and hand Brown Bros to be forwarded Brown, Shipley & Co. as they did for Thomas Boyle 20th ult. . J. B. Kirtland,” is not merely a simple receipt, subject to ordinary rules of explanation and contradiction, but is an un*293-dertaking to convert and deliver to Brown Bros.; and obligates the party making it to see that the currency is not only converted, but that the coin is delivered to Brown Bros. When the coin shall have been thus delivered, and instructions given…
2Cited by2 opinions
- East Tennessee & Western North Carolina Railroad v. LindamoodTennessee Supreme Court · 1903
- Hurt v. Merchants & Manufacturers Ins.Tennessee Supreme Court · 1949