Day v. Thompson
Supreme Court of Alabama
Appeal from tbe Circuit Court of Barbour. Tried before tbe Hon. H. D. Clayton. This action was brought by Franklin O. Day, “ doing business under tbe firm name of Derby & Day, ” against William N. Thompson’; and was commenced on the 7th April, 1879. The complaint contained the common counts on an account stated, and for goods sold and delivered ; and also a special count on the defendant’s indorsement of a “ bill of exchange for $200, drawn by A. A. Walker, cashier, on the…
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Appeal from tbe Circuit Court of Barbour. Tried before tbe Hon. H. D. Clayton. This action was brought by Franklin O. Day, “ doing business under tbe firm name of Derby & Day, ” against William N. Thompson’; and was commenced on the 7th April, 1879. The complaint contained the common counts on an account stated, and for goods sold and delivered ; and also a special count on the defendant’s indorsement of a “ bill of exchange for $200, drawn by A. A. Walker, cashier, on the 8th day of January, 1879, upon the Bank of New York, in the city and State of New York, to the order of defendant, and by…
1Opinion of the CourtSomerville, J.
— It is a well settled doctrine, in the general law commercial, both of England and the United States, that the giving of a negotiable bill or note for an antecedent debt will not operate to discharge such debt, unless it was accepted in absolute payment. Prima facie, it is to be considered as collateral, or additional security; but, by express agreement, it may be a satisfaction and a bar. — Myatts & Mocre v. Bell, 11 Ala. 222; 1 Brick. Dig. p. 257, § 501, cases cited; Sibree v. Tripp, 15 M. & W. 23; The Kymball, 3 Wall. (U. S.) 37.
The undisputed facts of this case show, we think, that there…
2Cases cited8 opinions
- Charles v. DenisWisconsin Supreme Court · 1877
- Rodney v. WilsonSupreme Court of Missouri · 1877
- Wilson v. BlackIndiana Supreme Court · 1843
- Tankersley v. GrahamSupreme Court of Alabama · 1845
- Hullum v. State BankSupreme Court of Alabama · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- Keel v. LarkinSupreme Court of Alabama · 1882
- Mutual Life Ins. Co. v. Chattanooga Savings BankSupreme Court of Oklahoma · 1915
- Marks v. First National BankSupreme Court of Alabama · 1885
- Bomar v. RosserSupreme Court of Alabama · 1901
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