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Elrod v. M. C. Kiser Co.

Elrod v. M. C. Kiser Company

Elrod v. M. C. Kiser Co., 79 S.E. 375 (Ga. Ct. App. 1913)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
September 23, 1913
Docket
No. 4799
Judges
Russell
Citations
79 S.E. 37513 Ga. App. 4711913 Ga. App. LEXIS 215
Summary
Complaint; from Hart superior court — judge Meadow. January 31, 1913.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Russell

Text extracted by OCR from a scanned original; check the original for exact wording.

Russell, 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 note, and the only defense filed by the defendant being that of accord and satisfaction, by reason of the fact that the plaintiff had accepted and collected a check containing a condition such as that above mentioned, and there being no evidence offered in support of that defense, it was error to charge the jury in substance that the defendant could not prevail unless he showed that the note sued on had been paid, and to omit to give in charge the principle announced in the preceding headnote. Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1914: 11925: 11944: 11951: 119142026peak 1914 · 1

Relies on it most ⓘ

  1. Harvey v. Smith63 S.E.2d 885 (Ga. 1951)
  2. Donalson v. Norman80 S.E. 679 (Ga. Ct. App. 1914)
  3. Bush v. Globe & Rutgers Fire Insurance129 S.E. 909 (Ga. Ct. App. 1925)
  4. Electrical Wholesalers Inc. v. Sylvania Electric Products Inc.30 S.E.2d 419 (Ga. Ct. App. 1944)

Most recent

  1. Harvey v. Smith63 S.E.2d 885 (Ga. 1951)
  2. Electrical Wholesalers Inc. v. Sylvania Electric Products Inc.30 S.E.2d 419 (Ga. Ct. App. 1944)
  3. Bush v. Globe & Rutgers Fire Insurance129 S.E. 909 (Ga. Ct. App. 1925)
  4. Donalson v. Norman80 S.E. 679 (Ga. Ct. App. 1914)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Wilcox, Ives & Co. v. Rogers, 79 S.E. 219 (Ga. Ct. App. 1913) 6
Bass Dry Goods Co. v. Roberts Coal Co., 61 S.E. 1134 (Ga. Ct. App. 1908) 21

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