Legal Opinion

Kirkpatrick v. Puryear

Tennessee Supreme Court

Decided February 6, 1894PublishedCited by 10 opinions

PROM DAVIDSON. Appeal from the Chancery Court of Davidson County. Andiibw Allison, Ch.

1Opinion of the CourtSnodgrass, J.

This suit is brought by bill in chancery on an account for $745, alleged to be due from defendant. The defense was by answer, averring payment, and exhibiting the receipt in full of the account sued on. The defendant further set up in defense that the payment, was made by a check drawn in his favor by Sulzbacher Bros., and indorsed to the complainant. It was insisted that this check, which was indorsed June 19, 1891, had been accepted in payment of the account, but that, if only taken as a means of payment, the - check was not presented until June 22, and until- after the failure of the bank…

2Cases cited8 opinions

  1. First National Bank v. Fourth National BankNew York Court of Appeals · 1879
  2. Smith v. . MillerNew York Court of Appeals · 1870
  3. Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
  4. Smith v. JanesNew York Supreme Court · 1838
  5. Morriss v. Harveys & WilliamsSupreme Court of Virginia · 1881

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3Cited by10 opinions

  1. Gordon v. LevineMassachusetts Supreme Judicial Court · 1907
  2. Commercial State Bank of Fort Worth v. Harkrider-Keith-Cooke Co.Court of Appeals of Texas · 1923
  3. Hamlin v. SimpsonSupreme Court of Iowa · 1898
  4. Nuzum v. SheppardWest Virginia Supreme Court · 1920
  5. Colonial Milling Co. v. Holt BrothersCourt of Appeals of Tennessee · 1926

5 more not listed; retrieve them via the Exa API.

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