Merry v. Allen
Supreme Court of Iowa
Appeal from Mus'eatme Oirouit Oowrt. The plaintiff brought this action to foreclose a mortgage given to secure ten promissory notes for $2,000 each, the suit being to foreclose for the notes due. The defendant, Allen, answered admitting the execution of the notes and mortgage by him and his co-defendant Richart, who, it is alleged, had conveyed his interest in the mortgaged premises to Allen.
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Appeal from Mus'eatme Oirouit Oowrt. The plaintiff brought this action to foreclose a mortgage given to secure ten promissory notes for $2,000 each, the suit being to foreclose for the notes due. The defendant, Allen, answered admitting the execution of the notes and mortgage by him and his co-defendant Richart, who, it is alleged, had conveyed his interest in the mortgaged premises to Allen. The answer further alleges that the plaintiff and the defendant, Allen, on the 30th day of January, 1871, executed an agreement, as follows: “Article of agreement made and entered into by and between…
1Opinion of the Court
Miller, Oh. J.
1. accord and satisfaction. I. It is insisted by appellant’s counsel, that the defendant lias undertaken to plead an accord and satisfac^on *n bar ^ plaintiff’s action, but that lie fap[s aqege fuii performance on his part. At the common law it is well settled, that an accord without satisfaction is no bar to a suit on the original obligation. If, however, the accord be founded upon a new consideration, and accepted as satisfaction, it operates as such and will take away the remedy upon the old contract. See Hall v. Smith, 15 Iowa, 584, and authorities cited.
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2Cases cited1 opinion
- Hall v. SmithSupreme Court of Iowa · 1864
3Cited by14 opinions
- Moers v. . MoersNew York Court of Appeals · 1920
- Sergeant v. LeonardSupreme Court of Iowa · 1981
- Sioux City Stock Yards Co. v. Sioux City Packing Co.Supreme Court of Iowa · 1900
- Wheeler v. WoodsSupreme Court of Iowa · 1928
- Lindt v. Schlitz Brewing Co.Supreme Court of Iowa · 1901
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