Commercial Credit Co. v. Rogers

WILLIAMS, Justice.

In this suit by Commercial Credit Company, Inc., against Yandell Rogers to recover upon a promissory note and foreclose mortgage lien on an automobile, plaintiff was denied recovery, and defendant on his cross action for alleged wrongful issuance and levy of sequestration on the automobile was awarded $150 damages. The judgment is grounded upon the court’s findings that defendant had paid the note prior to filing of the suit.

The disposition of this appeal depends solely upon the question if and when a check dated September 22, 1937, given after maturity of the note, by…