Barham v. Bank of Delight
Supreme Court of Arkansas
Appeal from Pike Circuit Court; lames S. Steel, Judge; Acceptance by appellees of the check purporting to be “in full up to date” was in law an accord and satisfaction, and further recovery is .barred. 138 N. Y. 231; 20 B. R. A. 785; 188 Mo. 623; 113 Mo.
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Appeal from Pike Circuit Court; lames S. Steel, Judge; Acceptance by appellees of the check purporting to be “in full up to date” was in law an accord and satisfaction, and further recovery is .barred. 138 N. Y. 231; 20 B. R. A. 785; 188 Mo. 623; 113 Mo. App. 617; 100 Id. 601; 161 111. 339; 220 111. 106; 104 111. App. 268; 129 la. 41; 68 Kan. 193; 78 Miss. 912; 85 N. Y. Supp. 1045; 55 Id. 648; 36 Id. 95; 177 Ala. 561; 85 Hun 470; 53 Hun 392; 84 N. Y. Supp. 857; 80 Id. 1102. If appellees were not willing to accept the check in full payment, good faith demanded that they return it. When they…
1Opinion of the CourtFrauknthau, J.
This was an action to recover the balance alleged to be due upon an. account. The defendants pleaded an accord and satisfaction of the alleged indebtedness. The Wall Lumber Company sold to Charles B. Barham & Company, the defendants, seven carloads of lumber from April 11 to April 27, 1907. ' The lumber was shipped direct -to parties who purchased from defendants, and who were located at different points, and the accounts and bills of lading therefor were sent to defendants. The -plaintiffs claimed that the total of the lumber so shipped upon defendants’ orders amounted to $1,082.85, and that…
2Cases cited13 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Ostrander v. ScottIllinois Supreme Court · 1896
- Snow v. GriesheimerIllinois Supreme Court · 1906
- Neely v. ThompsonSupreme Court of Kansas · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Bergman Produce Co. v. BrownCourt of Appeals of Texas · 1914
- Curran v. Bray Wood Heel Co., Inc.Supreme Court of Vermont · 1949
- Frazier v. RayNew Mexico Supreme Court · 1923
- First National Bank v. White-Dulaney Co.Washington Supreme Court · 1923
25 more not listed; retrieve them via the Exa API.