Jones v. Matthieson
Supreme Court Of The Territory Of Dakota
Appeal from the District Court of Lawrence County. The facts appear in the opinion of the court. I. At common law a plea of accord and satisfaction to constitute a good defense to an action upon a simple contract, must show an adequate consideration, or a release under seal.
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Appeal from the District Court of Lawrence County. The facts appear in the opinion of the court. I. At common law a plea of accord and satisfaction to constitute a good defense to an action upon a simple contract, must show an adequate consideration, or a release under seal. (II Parsons on Con., page 686; Keeler v. Salisbury, 33 N. Y., 648; Stevens v. Maynee, 11 East., 339; Boydv Hitchcock, 20 Johns., 76; Douglass v. White, 3 Barb., Ch. 624; Cwrran v. Rummell, 118 Mass., 482 ; Palleam v. Taylor, 50 Miss., 251; Stutz v. Newhall, 118 Mass., 98; Strange v. Holmes, 7 Cowen 223; Seymour v.…
1Opinion of the CourtMoody, J.
This action is for an alleged balance of $1,308 and interest due upon a promissory note, given at Salt Lake City, Utah Territory, January 19, 1875, by Matthieson to Jones.
The defendant Matthieson in his answer admits the execution and delivery of the note, alleges payment and also an agreement to leave the note in plaintiff’s possession, to enable him to collect an insurance policy assigned by defendant to plaintiff upon certain leasehold property of defendant, situated in Salt Lake City, theretofore destroyed by fire.
The action was tried to a jury, a verdict and judgment was rendered and…
2Cited by1 opinion
- Hagen v. Townsend & WhiteSouth Dakota Supreme Court · 1911