Denny v. Steakly
Tennessee Supreme Court
FROM WAEREN. In the Chancery Court at McMinnville, J. P. Steele, Ch., presiding. cited 2 Yer., 84; 2 Hum., 258; 1 Id., 538; Meig’s Dig., 1724. It was the intent of the parties not to waive the lien, as proved. Transfer by delivery in payment, unless upon contract to take it at his own risk, does not prevent action on the original obligation. 3 "Wal. U. S., 37; Ch. on Bills, 144 n., 6 Am. ed.
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FROM WAEREN. In the Chancery Court at McMinnville, J. P. Steele, Ch., presiding. cited 2 Yer., 84; 2 Hum., 258; 1 Id., 538; Meig’s Dig., 1724. It was the intent of the parties not to waive the lien, as proved. Transfer by delivery in payment, unless upon contract to take it at his own risk, does not prevent action on the original obligation. 3 "Wal. U. S., 37; Ch. on Bills, 144 n., 6 Am. ed. On the payment by P. O. check, he cited 4 Hum., 186; Ch. on Bills, 144. It was taken upon a promise to take it back if bad. insisted that making the deed is an estoppel. The P. O. check was illegal,…
1Opinion of the CourtNicholson, C. J.
In February or March, 1863, complainant sold to defendant, Steakly, a tract of land in Van Burén county, at the price of $3,000. Sixteen hundred dollars were paid in Confederate Treasury notes, four hundred dollars in a post-office draft of the Confederate Government, and a note of one thousand dollars on defendant, Goff, which was given for land sold by defendant, Steakly, to defendant, Goff. This note was payable in current notes of South Carolina and Georgia banks, and was transferred to complainant, in payment for the land, without indorsement. Complainant, at the time of the sale,…
2Cited by3 opinions
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- Martin Bank v. WoodsCourt of Appeals of Tennessee · 1937
- Sehorn v. McWhirterTennessee Supreme Court · 1873