Kromer v. . Heim
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, affirming an order of Special Term denying a motion on the part of defendant to set aside an execution issued upon judgment herein, and to have the judgment satisfied of record.
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Appeal from order of the General Term of the Superior Court of the city of New York, affirming an order of Special Term denying a motion on the part of defendant to set aside an execution issued upon judgment herein, and to have the judgment satisfied of record. On June 24, 1876, plaintiff obtained a judgment herein for $4,334.08. On July 26, 1876, and pending a stay of. execution, plaintiff’s attorney executed and delivered to defendant a written stipulation, in and by which plaintiff agreed to accept in settlement of the judgment, if paid within a year, $3,000 in cash and an assignment of…
1Opinion of the CourtAndrews, J.
“ Accord,” says Sir Wm. Blackstone, “is a satisfaction agreed upon between the party injuring and the party injured ; which, when performed, is a bar to all actions upon this account: ” (3 Bl. Com., 15.) An accord executory without performance accepted is no bar; and tender of performance is insufficient; (Bac. Abr. tit. Accord ■ and Satisfaction, C). So also accord with part execution cannot be pleaded in satisfaction. The accord must be completely executed, to sustain a plea of accord and satisfaction. (Bac. Abr. Accord and Satisfaction, A; Cock v. Honeychurch, T. Ray., 203 ; Allen v.…
2Cases cited2 opinions
- Russell v. LytleNew York Supreme Court · 1831
- Tilton v. AlcottNew York Supreme Court · 1853
3Cited by70 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- McCreery v. . DayNew York Court of Appeals · 1890
- Moers v. . MoersNew York Court of Appeals · 1920
- Werking v. Amity Estates, Inc.New York Court of Appeals · 1956
- Goldbard v. Empire State Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1958
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