Hodges v. Tennessee Implement Co.
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. . Tried before the Hon. George E. Brewer. This was an action brought by the appellee, the Teh: nessee Implement Company, against the appellant, T. J. Hodges; and counted on- a promissory, note for $96.30, given by the defendant to the plaintiff. The defendant pleaded the general issue,.payment, and accord and'-satisfaction.
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Appeal from the Circuit Court of St. Clair. . Tried before the Hon. George E. Brewer. This was an action brought by the appellee, the Teh: nessee Implement Company, against the appellant, T. J. Hodges; and counted on- a promissory, note for $96.30, given by the defendant to the plaintiff. The defendant pleaded the general issue,.payment, and accord and'-satisfaction. Upon these pleas issue was joined. . On the trial of the case it was shown by the evidence for the plaintiff that there had been paid ón tile nóte two-payments, which were entered as credits on said note,. These payments…
1Opinion of the CourtMcCLELLAN, C. J.
It was held in the case of Pearson & Fant v. Thomason, 15 Ala. 700, that “if a creditor agrees with his debtor to accept in discharge of the debt a less sum in money than the debtor owes, on an overdue note, and the latter pays the sum of money so agreed, but the note is not delivered up, it is a nude pact, and cannot bar a recovery of the balance due on the note.” And it could have made no difference had the creditor evidenced this agreement and its execution by giving the debtor a receipt for the less sum and specifying therein ‘that it was received in full satisfaction of the note. As the…
2Cases cited2 opinions
- Pearson v. ThomasonSupreme Court of Alabama · 1849
- Barron v. VandvertSupreme Court of Alabama · 1848
3Cited by14 opinions
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- Boohaker v. TrottSupreme Court of Alabama · 1962
- Alabama City, G. & A. Ry. Co. v. City of GadsdenSupreme Court of Alabama · 1913
- Brown v. Lowndes CountySupreme Court of Alabama · 1918
- Stegall v. WrightSupreme Court of Alabama · 1904
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