Mosaic Templars of America v. Austin
Supreme Court of Arkansas
Appeah from Hot Spring Chancery Court; J. P. Henderson, Chancellor; 1. The check received was in full payment. By retaining the check stating that it was payment in full, the creditor rendered it an accord and satisfaction of the debt. 98 Ark. 271. He is now estopped. 94 Ark. 159; 1 Corp. Jur. par. 81; 100 Ark. 251. 1. There was no accord and satisfaction. 56 Ark. 43; 100 Id. 252; 49 Mo. 556. There was no compromise 93 Ark. 353; 121 S. W. 774. 2. A minor cannot be deprived…
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Appeah from Hot Spring Chancery Court; J. P. Henderson, Chancellor; 1. The check received was in full payment. By retaining the check stating that it was payment in full, the creditor rendered it an accord and satisfaction of the debt. 98 Ark. 271. He is now estopped. 94 Ark. 159; 1 Corp. Jur. par. 81; 100 Ark. 251. 1. There was no accord and satisfaction. 56 Ark. 43; 100 Id. 252; 49 Mo. 556. There was no compromise 93 Ark. 353; 121 S. W. 774. 2. A minor cannot be deprived of his money through fraud. 69 Ark. 431; 76 Id. 400. 3. The findings of the Chancellor are supported by the evidence. 67…
1Opinion of the CourtSmith, J.
This suit was brought against appellant by the guardian of the beneficiary of a policy of insurance issued by the appellant company. It was alleged that the policy or certificate was issued for the sum of $100.00, but that only $50.00 had been paid thereon. A demurrer to this complaint was overruled, whereupon appellant answered and alleged that the policy showed .upon its face that it had been surrendered and satisfied by the acceptance of a check for $50.00, and there was an allegation that the chancery court in which the suit had been brought had no jurisdiction and a prayer for the…
2Cases cited2 opinions
- Barham v. Bank of DelightSupreme Court of Arkansas · 1910
- Pekin Cooperage Co. v. GibbsSupreme Court of Arkansas · 1914
3Cited by3 opinions
- Frazier v. RayNew Mexico Supreme Court · 1923
- Geo. A. Moore Co. v. Armour CoCourt of Appeals of Texas · 1920
- Market Produce Company v. HollandSupreme Court of Arkansas · 1931