Warren v. Skinner
Supreme Court of Connecticut
This was an action on a promissory note, made by the defendant, in the city of New-York, August 11th, 1840, promising to pay to S. C. & S. Lynes, or order, the sum of 197 dollars, 32 cents, on demand, with interest ; which note, S. C. & S, Lynes indorsed to Henry E. LI. Gilbert, and he indorsed it to the plaintiff. The defendant pleaded non assump-sit, with notice of a special defence.
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This was an action on a promissory note, made by the defendant, in the city of New-York, August 11th, 1840, promising to pay to S. C. & S. Lynes, or order, the sum of 197 dollars, 32 cents, on demand, with interest ; which note, S. C. & S, Lynes indorsed to Henry E. LI. Gilbert, and he indorsed it to the plaintiff. The defendant pleaded non assump-sit, with notice of a special defence. The cause was tried at Brooklyn, January term, 1850. On the trial, the plaintiff produced the note, with the in-dorsements thereon, described in the declaration ; the genuineness of which were not disputed. The…
1Opinion of the CourtEllsworth, J.
It is no longer a question, whether payment of part of a debt is a satisfaction of the whole, either considered as payment, or as an accord and satisfaction. The payment of 100 dollars, is not, of itself, the payment of 200 dollars; nor is it an accord and satisfaction; for an accord is an agreement; but there is no agreement, without a consideration; and receiving part only, is no consideration for an agreement not to collect the rest; it is a mude pact.
These principles are settled in the cases cited at the bar; we would particularly refer to Cumber v. Wane, 1 Stra. 426. Heathcote v.…
2Cases cited1 opinion
- Acker & Chapman v. J. D. & D. A. PhœnixNew York Court of Chancery · 1834
3Cited by18 opinions
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- State v. StaubSupreme Court of Connecticut · 1892
- Bull v. BullSupreme Court of Connecticut · 1876
- Thermoglaze, Inc. v. Morningside Gardens Co.Connecticut Appellate Court · 1991
- W. H. McCune, Inc. v. RevzonSupreme Court of Connecticut · 1963
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