Campbell v. Davis
Campbell v. Davis
Opinion of the Court
delivered the opinion of the court.
The contention, earnestly argued, that the chancellor erred
There is no merit in the contention that no credit should have been allowed for payments made on Sunday. Creditors may not receive and retain such amounts and again enforce their payment. 27 Am. & Eng. Ency. Law (2d ed.), 408. Upon this record we do not feel justified in overturning the chancellor’s finding on the facts.
Affirmed.
Reference
- Full Case Name
- David M. Campbell v. William H. Davis
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1_ Evidence. Written contracts. Parol to show consideration. The real consideration for a promissory note and deed of trust securing it, as distinguished from the expressed consideration, maybe shown by parol in a suit between the parties to enjoin a foreclosure sale in vais under the deed. 2. Payments. Sunday. The court will not deny a debtor credit for a payment, accepted and retainend by the creditor, because made oh Sunday.