Legal Opinion
Elrod v. M. C. Kiser Co.
Court of Appeals of Georgia
Decided September 23, 1913No. 4799PublishedCited by 4 opinions
Complaint; from Hart superior court — judge Meadow. January 31, 1913.
1Opinion of the CourtRussell, J.
1. Where a debtor sends to his creditor a check which contains a statement to the effect that it is to be applied in full settlement of all accounts and notes due by the debtor (and as to the amount of which indebtedness the parties are in dispute), the creditor’s acceptance and collection of the cheek will operate as a full settlement and satisfaction of all accounts and notes' owing the creditor by the debtor previous to that date. Bass Dry Goods Co. v. Roberts Coal Co., 4 Ga. App. 520 (61. S. E. 1134); Wilcox v. Rogers, 13 Ga. App. 410 (79 S. E. 219).
2. This being a suit upon a promissory…
2Cases cited2 opinions
- Bass Dry Goods Co. v. Roberts Coal Co.Court of Appeals of Georgia · 1908
- Wilcox, Ives & Co. v. RogersCourt of Appeals of Georgia · 1913
3Cited by4 opinions
- Bush v. Globe & Rutgers Fire InsuranceCourt of Appeals of Georgia · 1925
- Donalson v. NormanCourt of Appeals of Georgia · 1914
- Harvey v. SmithSupreme Court of Georgia · 1951
- Electrical Wholesalers Inc. v. Sylvania Electric Products Inc.Court of Appeals of Georgia · 1944