William R. McKenzie v. . Thomas N. and W. R. Culbreth
Supreme Court of North Carolina
This was a civil action tried before Ilis Honor Judge Russell, at Fall Term 1871, of Sampson Superior Corrt. The plaintiff complained on a single bill. The defendants answered accord, &c., and in support of this defence, offered a receipt given by the obligee for a less sum than the note called for. His Honor instructed the jury that the legal effect of the receipt was only a payment to the amount specified in it, and operated only as a discharge of the not a, pro tanto.
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This was a civil action tried before Ilis Honor Judge Russell, at Fall Term 1871, of Sampson Superior Corrt. The plaintiff complained on a single bill. The defendants answered accord, &c., and in support of this defence, offered a receipt given by the obligee for a less sum than the note called for. His Honor instructed the jury that the legal effect of the receipt was only a payment to the amount specified in it, and operated only as a discharge of the not a, pro tanto. To this charge the defendants excepted. There was a verdict and judgment in accordance with the charge and the defendants…
1Opinion of the CourtReade, J.
The question presented is, whether a payment by the debtor and an acceptance by the creditor of a less sum than is due upon a bond, as a payment of the whole, is a discharge of the obligation so as to preclude the creditor from recovering the remainder of the bond ?
This principle is too well established and too long acquiesced in to be now disturbed ; that an agreement by a creditor, to receive a part in discharge of the whole of a debt due to him. by bond, is an agreement without consideration, and therefore void.
The doctrine is very well set forth in Warren v. Skinner, 20 Com. Law R. p.…
2Cited by15 opinions
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- Wittkowsky v. Baruch.Supreme Court of North Carolina · 1900
- Deloache v. . DeloacheSupreme Court of North Carolina · 1925
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