Flagg v. Mann
Supreme Court of Vermont
Assumpsit on a note dated March 5,1852, for sixty-five dollars, payable to the plaintiff in four months from date, with interest annually, and signed by the defendants. Plea, non assumpsit, and trial by the court, at the January Term, 1857, — Underwood, J., presiding. It appeared on trial, that before the maturity of the note in question, the defendants became insolvent, and that the plaintiff offered to sell the note for thirty-five dollars.
Read the full summary
Assumpsit on a note dated March 5,1852, for sixty-five dollars, payable to the plaintiff in four months from date, with interest annually, and signed by the defendants. Plea, non assumpsit, and trial by the court, at the January Term, 1857, — Underwood, J., presiding. It appeared on trial, that before the maturity of the note in question, the defendants became insolvent, and that the plaintiff offered to sell the note for thirty-five dollars. In May, 1855, the defendant Lyman, and one Priest, were the owners of a stallion, and Lyman and the plaintiff then made the following agreement, by the…
1Opinion of the Court
The opinion of the court was delivered by
Aldis, J.
The note in suit was for sixty-five dollars. The maliers of the note had failed. Afterwards, the plaintiff, and the defendant Lyman, made an agreement in relation to the note, and did certain acts in execution of the agreement, which the defendants claim were in accord and satisfaction of the note.
I. To constitute a good accord and satisfaction, there must be an agreement that the thing to be received by, or done for the plaintiff, shall be in discharge and satisfaction of the debt. In this ease, it appears that the parties contemplated a…
2Cases cited1 opinion
- Babcock & Russell v. HawkinsSupreme Court of Vermont · 1851
3Cited by1 opinion
- Town's Admr. v. WaldoSupreme Court of Vermont · 1889