McAllester v. Sprague
Supreme Judicial Court of Maine
On Exceptions from the District Court, Hathaway, J. Assumpsit on an unsettled account. The demand had been sued, and thereupon the plaintiff received from Sprague a horse, and gave to him a memorandum, signed by them, in the following form; viz, “ received of Jotham L. Sprague one red horse,” (described,) “in full for his half of our account against him and E. L. Murphy, * * * to be his discharge in full for debt and cost but no discharge for Murphy.”
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On Exceptions from the District Court, Hathaway, J. Assumpsit on an unsettled account. The demand had been sued, and thereupon the plaintiff received from Sprague a horse, and gave to him a memorandum, signed by them, in the following form; viz, “ received of Jotham L. Sprague one red horse,” (described,) “in full for his half of our account against him and E. L. Murphy, * * * to be his discharge in full for debt and cost but no discharge for Murphy.” The defendants introduced that document, and the Judge ruled that it was a bar to this suit. The verdict was for the defendants and the…
1Opinion of the Court
The opinion of the Court, Shepley, C. J., Wells, Rice, and Appleton, J. J., was drawn up by
Wells, J.
A payment of a part of a debt is not a satisfaction of the whole, even if it be so agreed, but where there is some other consideration than such partial payment, and it is received in full satisfaction of the debt, the debt will be thereby discharged. Lee v. Oppenheimer, 32 Maine, 253. The consideration given in the present case by the defendant Sprague to the plaintiffs, was a horse, and it would have been a sufficient satisfaction of the debt, if it had been received for that purpose, but the…
2Cases cited2 opinions
- Rowley v. StoddardNew York Supreme Court · 1810
- Hall v. PhelpsNew York Supreme Court · 1807
3Cited by8 opinions
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Black v. MartinMontana Supreme Court · 1930
- United States v. MurphyDistrict Court, D. Indiana · 1883
- Seligman v. PinetMichigan Supreme Court · 1889
- Benton v. MullenSupreme Court of New Hampshire · 1881
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