Legal Opinion

Cyr v. Cyr

Supreme Judicial Court of Maine

Decided July 6, 1989PublishedCited by 7 opinions

1Opinion of the Court

McKUSICK, Chief Justice.

In Butters v. Kane, 347 A.2d 602 (Me.1975), we held that when one driver involved in a motor vehicle accident makes a payment to the other driver and obtains in return a general release of all claims, the express release by the releasor carries with it an implied release by the releasee. “[T]he making of a settlement without any express reservation of rights,” we declared, “constitutes complete accord and satisfaction of all claims of immediate parties to the settlement arising out of the same accident.” Id. at 604. That rationale is in no way peculiar to accident…

2Cases cited4 opinions

  1. Mensing v. SturgeonSupreme Court of Iowa · 1959
  2. Norton v. BenjaminSupreme Judicial Court of Maine · 1966
  3. Butters v. KaneSupreme Judicial Court of Maine · 1975
  4. Sexton v. First National Mercantile Bank & Trust Co. of JoplinMissouri Court of Appeals · 1986

3Cited by7 opinions

  1. Smith v. GainerSupreme Court of Vermont · 1990
  2. OFFICEMAX INC. v. SousaDistrict Court, D. Maine · 2011
  3. Vidal v. American General CompaniesNew Mexico Supreme Court · 1990
  4. Union Pacific Railroad Co. v. David MullenCourt of Appeals for the Eighth Circuit · 1992
  5. Bresnahan v. BowenDistrict Court, D. Maine · 2003

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API