Maze v. Miller
U.S. Circuit Court for the District of Pennsylvania
A rule was obtained to set aside an execution issued against the defendant, upon the ground, that the judgment was satisfied by a note of hand, given by the defendant, with an endorser, and a receipt by the plaintiff’s attorney in fact, endorsed on the power of attorney, and given up to defendant, as follows: “Received from J. Miller, the sum of 1177 dollars, being in full, including costs and expenses of property he sold in Alexandria, belonging to J. Maze.”
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A rule was obtained to set aside an execution issued against the defendant, upon the ground, that the judgment was satisfied by a note of hand, given by the defendant, with an endorser, and a receipt by the plaintiff’s attorney in fact, endorsed on the power of attorney, and given up to defendant, as follows: “Received from J. Miller, the sum of 1177 dollars, being in full, including costs and expenses of property he sold in Alexandria, belonging to J. Maze.” The note when it became due, having been protested, and the defendant having become insolvent, the plaintiff sued out execution of the…
1Opinion of the Court
WASHINGTON, Circuit Justice.
After stating the above facts, the rules of law applicable to this case are, that the receipt of so much is only evidence of a payment and satisfaction, and may be explained by parol, or other evidence. This was gone into, and we find that the note was neither paid nor received as satisfaction; but, to constitute a good plea of accord and satisfaction, both should be averred. The plaintiff, then, received a note, which proved unproductive; and it is clear, that it was no satisfaction of this debt, or a discharge of the judgment, unless it were received as such, and…
2Cited by6 opinions
- Frick v. AlgeierIndiana Supreme Court · 1882
- Lindsay v. GagerAppellate Division of the Supreme Court of the State of New York · 1896
- Barnum v. GreenColorado Court of Appeals · 1899
- Barnum v. GreenColorado Court of Appeals · 1899
- Lindsay v. GagerAppellate Division of the Supreme Court of the State of New York · 1896
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