Driver v. Planters' Mutual Insurance Ass'n
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; Allen Hughes, Judge; If, having money on deposit in the bank sufficient for the purpose, plaintiff requested the cashier to apply the money on deposit to the payment of the note, which the cashier agreed to do, this would constitute a payment, even though the cashier failed to remit it to the defendant. 52 Minn. 83; 38 Am. St. Rep. 526; 94 Am. Dec. 51. There was no payment.
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Appeal from Mississippi Circuit Court; Allen Hughes, Judge; If, having money on deposit in the bank sufficient for the purpose, plaintiff requested the cashier to apply the money on deposit to the payment of the note, which the cashier agreed to do, this would constitute a payment, even though the cashier failed to remit it to the defendant. 52 Minn. 83; 38 Am. St. Rep. 526; 94 Am. Dec. 51. There was no payment. The money on deposit was under plaintiff’s dominion, subject to his order at all times until after it was appropriated, which was not done until after the fire. 2 Jones’ Daw (N. C.),…
1Opinion of the CourtBattle, J.
Planters’ Mutual Insurance Association of Arkansas insured certain property of Jettie Driver against fire, and received his note for $88 for the premium. The policy of insurance in reference to the note provided: “If paid on or before'maturity, all interest waived, said amount being for cash premium on my insurance this day applied for; and it is further agreed that, if this note is not paid at maturity, the whole amount of assessment on said insurance shall be considered as earned, and the contract be null and void, so long as this note remains overdue and unpaid.”
The property insured was…
2Cases cited5 opinions
- Sutherland v. First National BankMichigan Supreme Court · 1875
- Hatch v. HutchinsonSupreme Court of Arkansas · 1897
- Pease v. Dibble & BunceSupreme Court of Georgia · 1876
- Phillips v. MayerCalifornia Supreme Court · 1857
- Price v. WhiteSupreme Court of Georgia · 1883