Butler v. Supreme Council American Legion of Honor
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Broome County. Action by Cornelia W. Butler, as trustee for Cornelia Butler Lyon, and others, against the Supreme Council American Legion of Honor. From a judgment in favor of plaintiffs, defendant appeals. Affirmed.
1Opinion of the CourtSmith, J.
The appellant urges two grounds of reversal: First, that there was an accord and satisfaction of the defendant’s liability tinder the policy; second, that the action was brought too late. Upon the appellant’s first objection the proof fails to show any agreement to compromise the claim. On the other hand, such an agreement is specifically negatived by what occurred on the occa*1014sion of the payment of the $1,900 upon the policy. Moreover, it is doubtful if the payment of an amount concededly due would be a valid consideration for an agreement on the part of the plaintiff to forego the balance of…
2Cases cited4 opinions
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Holly v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1887
- Sisson v. Supreme Court of HonorMissouri Court of Appeals · 1904
- Cox v. Farmers' Mutual Fire Assurance Ass'nSupreme Court of New Jersey · 1886