Legal Opinion
Jessewich v. Abbene
City of New York Municipal Court
Decided February 19, 1935PublishedCited by 28 opinions
1Opinion of the CourtStrahl, J.
The plaintiffs received from the Home Owners’ Loan Corporation its bonds aggregating $3,050, and $12 cash under the Home Owners’ Loan Act of 1933, as amended, in exchange for and in full settlement and satisfaction of their second mortgage, relinquishing $700 balance due thereon, also giving general release therefor.
“ Payment by a third person of a sum less than the amount due, with the understanding that it should be in full satisfaction thereof, is a valid accord and satisfaction, and no action will lie against the debtor to recover the balance.” (Partridge v. Moynihan, 59 Misc. 234.)
*769Plainti…
2Cases cited8 opinions
- Hammerschmidt v. United StatesSupreme Court of the United States · 1924
- Miller v. AmmonSupreme Court of the United States · 1892
- Hart v. . City Theatres Co.New York Court of Appeals · 1915
- Sage v. HampeSupreme Court of the United States · 1914
- Matter of Armitage v. Board of Educ., City of AuburnNew York Court of Appeals · 1925
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- McAllister v. DrapeauCalifornia Supreme Court · 1939
- Meek v. WilsonMichigan Supreme Court · 1938
- Federal Land Bank v. KoslofskyNorth Dakota Supreme Court · 1936
- Anderson v. Horst Et Ux.Superior Court of Pennsylvania · 1938
- Bay City Bank v. WhiteMichigan Supreme Court · 1938
23 more not listed; retrieve them via the Exa API.