Glover v. L. N.R.R. Co.

MR.' Justice Swiggart

delivered the opinion of the Court.

Clover sued for damages for personal injuries. The defendant pleaded not guilty, and accord and satisfaction, in that it paid and Clover accepted $1200' “in full satisfaction” of the damages sued for. Clover’s replication to the plea of accord and satisfaction was held insufficient on demurrer, and his suit was dismissed. He has appealed in error. The principal ground of the demurrer is that the plaintiff did not make legal tender and pay into court the sum he had been paid in satisfaction of his cause of action.

The declaration avers…