Legal Opinion

Flagg v. Mann

Supreme Court of Vermont

Decided March 15, 1858PublishedCited by 1 opinion

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.

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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

  1. Babcock & Russell v. HawkinsSupreme Court of Vermont · 1851

3Cited by1 opinion

  1. Town's Admr. v. WaldoSupreme Court of Vermont · 1889

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