Georgia Reports Volume 31

Georgia Reports Volume 31

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ...When payment is made by a remittance by post to the creditor, it must be shown on the part of the debtor that the letter was properly sealed and directed, and that it was delivered into the post-office, and not to a private carrier or porter. He must also prove either the express direction of the creditor to remit in that mode, or a usage, or course of dealing, from which the authority of the creditor may be inferred. Where these circumstances concur, and a loss happens, it is the loss of the creditor." 2 Greentf. Ev. section 525. Both writers cite the same authorities, namely: 1 Peake 67; 1b., 185; Ry. &' M. 149; Peake on M. by Norris, 412. It would seem, therefore, that a remittance by post is no discharge, unless there be express authority to send in that mode, or can be inferred from the usual course of business. Indeed, it has been held, that sending bank notes uncut, by direction, will not discharge the debtor; because it is usual among prudent people to cut such securities in halves, and send them at different times. It is clear, that to remit does not ex vi termini mean to transmit by mail. Its etymological signification is to send money by bills, check or otherwise, from one person to another, at a distance more or less remote from each other. Mr. Greenleaf does not so understand it; otherwise, he would not be guilty of the tautological blunder of using the phrase, "remittance by post." Perhaps proof can be made upon another trial, that such was the usual way of transmitting funds from Spring Place to Charleston, and that it was known to Mr. Morton. That it is not the only mode, is quite certain; for not only might private agency be resorted to, but the remittance by Express is more reliable; and then the...
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Product details

  • Paperback | 312 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 123682590X
  • 9781236825902