Albrecht v. Johnson

McAdam, Ch. J.

The law is settled that where, upon payment of a portion of an undisputed account, the creditor gives a receipt in full, he is not concluded thereby from recovering the balance, although the rec'eipt was given with full knowledge (Ryan v. Ward, 48 N. Y. 204; Miller v. Coates, 66 N. Y. 609; Williams v. Carrington, 1 Hilt. 515). The receipt expresses no consideration for the discharge other than the “part payment” aforesaid, which does not sustain the plea of “ accord and satisfaction.” The fact that the defendant previously had a “ standing credit ” of $2,000 with the plaintiffs…