Colby v. Walker
Supreme Court of New Hampshire
1Opinion of the CourtPeaslee, C. J.
It is the established law here that the vital issue in these cases is whether the plaintiff has already received something as full satisfaction of his damages. If he has, he cannot maintain another suit for the same item. If he has not, he is merely obliged, to give credit for what he has received. Masterson v. Railway, 88 N. H. 190.
Various forms used to discharge or protect one claimed to be liable because of concurrent fault have been considered. If the document recites that it is a settlement in full for the damages, and contains nO' suggestion of any reservations, it bars the subsequent…
2Cases cited3 opinions
- Wadhams v. Flagler GayIllinois Supreme Court · 1874
- Cain v. Quannah Light & Ice Co.Supreme Court of Oklahoma · 1928
- Hoadley v. Gafill Oil Co.Michigan Supreme Court · 1927
3Cited by18 opinions
- McKenna v. AustinCourt of Appeals for the D.C. Circuit · 1943
- Dennis Kathios v. General Motors CorporationCourt of Appeals for the First Circuit · 1988
- McWhirter v. Otis Elevator Co.District Court, W.D. South Carolina · 1941
- Simpson v. PlylerSupreme Court of North Carolina · 1963
- Western Spring Service Co. v. AndrewCourt of Appeals for the Tenth Circuit · 1956
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