Richards v. Smith

Plaintiff secured a judgment for $4,000 in his personal injury action. The defendant paid $2,200 to the clerk of the court and petitioned the court to direct the clerk to enter a full satisfaction of judgment. In support of his petition counsel filed an affidavit in which he stated that immediately prior to trial he stated to the court that an “advance payment” of $1,800 had been made to plaintiff; plaintiff stipulated that such an amount had been received; the purpose of the payment was not stipulated; and plaintiff did not upon receipt of the money or at any time make any agreement…