Kinard v. First National Bank
Supreme Court of Georgia
Petition for certiorari. Before Judge Spence. Worth superior court. April 20, 1905. Kinard executed to the First National Bank of Sylvester a note for $315.50, and secured it by a mortgage. After the maturity of the note, and on a day when he had $146 to his credit on the books of the bank, he came to the bank and “started to draw a draft” on Muse & Co., of.
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Petition for certiorari. Before Judge Spence. Worth superior court. April 20, 1905. Kinard executed to the First National Bank of Sylvester a note for $315.50, and secured it by a mortgage. After the maturity of the note, and on a day when he had $146 to his credit on the books of the bank, he came to the bank and “started to draw a draft” on Muse & Co., of. Albany, Ga., for the exact amount due on the note, but upon being informed that a check drawn by him prior to this time for $200 had not been presented for payment, he drew a draft on Muse & Co. for $400. This draft was received by the…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) “Drafts are not payment until they themselves are paid, there being no evidence that they were taken expressly in payment.” Stewart Paper Co. v. Rau, 92 Ga. 512 (2). “A bill, acceptance, of promissory note, either of the debtor or of a third person, is no payment or extinguishment of the original demand, unless it is expressly agreed to receive it in payment.” Weaver v. Nixon, 69 Ga. 699; Rawlings v. Robson, 70 Ga. 595 (2); Hall’s Cotton Gin Co. v. Black, 71 Ga. 456; Freeman v. Exchange Bank, 87 Ga. 46; Hatcher v. Comer, 75 Ga. 732; Norton v. Paragon Oil…
2Cases cited6 opinions
- Charleston & Western Carolina Railway Co. v. Pope & FlemingSupreme Court of Georgia · 1905
- Norton v. Paragon Oil Can Co.Supreme Court of Georgia · 1896
- Hall's Self-Feeding Cotton Gin Co. v. BlackSupreme Court of Georgia · 1883
- Rawlings v. RobsonSupreme Court of Georgia · 1883
- Weaver v. Nixon & WesterSupreme Court of Georgia · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chafin v. CoxCourt of Appeals of Georgia · 1929
- Council v. NunnCourt of Appeals of Georgia · 1930
- Rossville Federal Savings & Loan Ass'n v. Chase Manhattan BankSupreme Court of Georgia · 1967
- Winton v. ButlerCourt of Appeals of Georgia · 1936
- Jefferson Standard Life Ins. v. WisdomCourt of Appeals for the Fifth Circuit · 1932
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