Legal Opinion · Dissent

Yin v. Amino Products Co.

Ohio Supreme Court

Decided January 27, 1943No. 29130Published

1DissentHart, J.

Unquestionably tbe acceptance of a check for a lesser sum on condition that it shall constitute a satisfaction of an unliquidated or disputed claim of greater amount, presently or past due, constitutes an accord and satisfaction. Here there is said to be a consideration for the release of tiie debt because of the uncertainty of its amount or because of uncertainty as to its validity. In this I fully agree with the majority opinion of this court.

But what must be the rule where the debtor tenders a check to his creditor conditioned that it shall be in full satisfaction of the latter’s…

2Cases cited62 opinions

  1. Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
  2. Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
  3. McKenzie v. . HarrisonNew York Court of Appeals · 1890
  4. Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
  5. McCreery v. . DayNew York Court of Appeals · 1890

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