Daniel v. Chastaine
Daniel v. Chastaine
Opinion of the Court
1. “While payment is ordinarily required to be made in money, it majr, when so agreed, either expressly or by implication, or when the creditor so consents, be made by furnishing, transferring, or delivering anything of value.” 48 C. J. 608, § 39; 21 R. C. L. 45, § 43; Borland v. Nevado Bank, 99 Cal. 89 (33 Pac. 737, 37 Am. St. R. 32). In order to constitute payment in such manner by transfer of property other than money, “the parties must intend that the -property be accepted as a payment.” “It is the agreement — that the thing is accepted in discharge of the debt — which renders the transaction a payment.” First National Bank of Blakely v. Davis, 135 Ga. 687 (70 S. E. 246, 36 L. R. A. (N.) 134). See Morrison v. Westbrook, 170 Ga. 174 (152 S. E. 485).
2. Construing the petition as amended most strongly against the plaintiff, the allegations of specific acts of the parties to the senior note and security deed do not show delivery and acceptance of the cotton under an
Judgment affirmed.
Reference
- Full Case Name
- Daniel v. Chastaine, guardian
- Status
- Published