Covell v. Carpenter

This is an action of trespass for an assault, in which the plaintiff, after a verdict in his favor for $10, asks for a new trial on the grounds of erroneous ruling and inadequacy of damages.(1) The ruling of the trial judge that evidence could be offered to show an accord and satisfaction, and that the jury could find it without a special plea, was erroneous. The reasons for this are clearly stated by Judge Thompson in 1 Oyc. Law and Pro. 340, 341. Accord and satisfaction is a plea in confession and avoidance, admitting that the plaintiff once had a cause of action but that it has been…