Witherington v. . Phillips
Cases that cite this one
2 later published cases cite this decision.
- Noll v. Harrison County Bank (Mo. Ct. App. 1928)
- Bank of North Carolina v. Dewey (District Court, E.D. North Carolina 1879)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The case of McKenzie v. Culbreth, 66 N. C., 534, settles that the payment, evidenced by the receipt of 1st of *445 November, 1865, being for an appreciable sum less than the amount due on the note, did not discharge the note in full, but was only a payment pro tanto. The payment is not even stated to be in full in the receipt. The Judge erred therefore in holding it a discharge in full. Judgment reversed and plaintiff will recover in this Court the residue of the note after deducting the payment. It is certainly to be regretted that so much costs should have been incurred for a pitiful claim of about thirty-seven cents.
Pee Cueiah. Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.