Frost v. Johnson
Ohio Supreme Court
Error to a judgment of the Supreme Court in Athens county. The action was debt upon an arbitration bond. The declaration sets out the award by which Frost, the then defendant, was directed to surrender to Johnson a farm belonging to him which was then in Frost’s ¡possession, with the grain in the ground, and to pay 1173.76 damages, and also nine dollars of the costs of the suit.
Read the full summary
Error to a judgment of the Supreme Court in Athens county. The action was debt upon an arbitration bond. The declaration sets out the award by which Frost, the then defendant, was directed to surrender to Johnson a farm belonging to him which was then in Frost’s ¡possession, with the grain in the ground, and to pay 1173.76 damages, and also nine dollars of the costs of the suit. The breach assigned, is the of the To this declaration there are three pleas, and the only question is as to the sufficiency of the second plea, to which a demurrer is filed. This plea avers that after the making of…
1Opinion of the CourtG-rimke, J.
An accord without satisfaction is no bar. The accord or agreement to accept satisfaction must be actually and fully executed to form a defense. Bac. Ab. Sit. Accord, A; 1 Ld. Raym. 122; 2 New R. 148; 3 East, 252.
This is the general principle, and the case of Watkinson v. Higlesby, 5 Johns. 384, does not contradict it. There, A. pleaded that he, together with B., being indebted to C. and several others, agreed to assign all their stock in trade, and outstanding debts to C., and their other creditors, who agreed to accept the same in full satisfaction of their debts, and averred that he and B.…
2Cases cited2 opinions
- Miller v. HackleyNew York Supreme Court · 1810
- Russell v. LytleNew York Supreme Court · 1831
3Cited by5 opinions
- BancOhio National Bank v. Abbey Lane Ltd.Ohio Court of Appeals · 1984
- Tuskegee Alumni Housing Foundation, Inc. v. National Homeps Construction Corp.District Court, S.D. Ohio · 1978
- Frentress v. MarkleSupreme Court of Iowa · 1850
- Conard v. BareMiami Circuit Court · 1904
- Newburg Brick & Clay Co. v. ChojnickiCuyahoga Circuit Court · 1909