Turner v. Osborn

Citations

• 106 Miss. 737
• 64 So. 721

Syllabus

<p>1. Payment. Application. Ratification. Bills and notes. Interest.</p> <p>Where a party executes two notes to the same payee for the same amount, but payable at different times and when the first note is due sends, without direction as to application, his check to the payee for.the amount of one of the notes, and the payee by mistake returns to him the note not due, which the maker retains, this is a ratification by him of the application to the payment of the note returned and he cannot rely upon such payment when sued upon the other note as a defense.</p> <p>2. Bills and Notes. Sufficiency of payment. Interest.</p> <p>In a suit on a promissory note bearing interest from date, proof by the defendant that he has paid the principal of the note, does not entitle him to a peremptory instruction where there is no evidence that the interest has also been paid.</p>