Hornbuckle v. Continental Gin Co.

Eberhardt, Judge.

Hornbuckle executed two promissory notes to Continental Gin in the aggregate principal amount of $6,308 for the purchase price of ginning equipment. On June 18, 1963, when called upon to pay the matured notes, Hornbuckle claimed that he was due an adjustment on a defective “burr machine” and offered two checks in the amount of $2,000 each, one dated of even date and the other postdated to September 15, 1963, in full settlement of the indebtedness. Both checks were imprinted with a standard conditional endorsement form stating that “by endorsement this check is accepted in…