Smith v. Elrod
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the ITon. John H. Disqxje. This action was brought by the appellee, J. G. Elrod, against the appellant, H. D. Smith, and was instituted on February 1, 1896.' The plaintiff sought to recover on four separate promissory notes, each of which was executed on December 8, 1893, and payable September 10, 1894, October 10, 1894, November 10, 1894, and December Í0, 1894, respectively. The defendant pleaded several pleas.
Read the full summary
Appeal from the City Court of Gadsden. Tried before the ITon. John H. Disqxje. This action was brought by the appellee, J. G. Elrod, against the appellant, H. D. Smith, and was instituted on February 1, 1896.' The plaintiff sought to recover on four separate promissory notes, each of which was executed on December 8, 1893, and payable September 10, 1894, October 10, 1894, November 10, 1894, and December Í0, 1894, respectively. The defendant pleaded several pleas. By the first plea, which was sworn to, he denied the execution of the note described in the first count, which was payable on…
1Opinion of the CourtDowdell, J.
— While it is a general rule that an accord, in order to operate as a discharge of a debt, must be executed, yet it is well settled that a creditor may accept the mere promise of the debtor to perform some act in the future in satisfaction of the debt, and where such is the case the satisfaction is good and the debt extinguished without performance. — 1 Am. & Eng. Encyc. of Law (2d ed.), 423; Knowles v. Knowles, 128 Ill. 110; Potts v. Polk Co., 80 Iowa 401; Averill v. Wood, 78 Mich. 342; Oregon Pac. R. R. Co. v. Forrest, 128 N. Y. 83; Babcock v. Hawkins, 23 Vt. 561. That the plaintiff…
2Cases cited4 opinions
- Babcock & Russell v. HawkinsSupreme Court of Vermont · 1851
- Averill v. WoodMichigan Supreme Court · 1889
- Knowles v. KnowlesIllinois Supreme Court · 1889
- Potts v. Polk CountySupreme Court of Iowa · 1890
3Cited by13 opinions
- Western Ry. v. FosheeSupreme Court of Alabama · 1913
- Barbarich v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.Montana Supreme Court · 1932
- J. F. Morgan Paving Co. v. CarrollSupreme Court of Alabama · 1924
- First Nat. Bank of Tishomingo v. LathamSupreme Court of Oklahoma · 1913
- WB Davis Hosiery Mill, Inc. v. Word Lumber Co., Inc.Court of Civil Appeals of Alabama · 1972
8 more not listed; retrieve them via the Exa API.