Deland v. Hiett
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Yuba ^County. The complaint averred that on the 22d day of April, 1861, W. S. Webb recovered a judgment against the plaintiff in the District Court of Yuba County, for four thousand three hundred and forty dollars, to bear interest at three per cent per month, and that J. 0. Goodwin was the attorney of record for said Webb. That on the 18th day of October, 1861, W. S. Webb assigned the judgment to J. E. Webb.
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Appeal from the District Court, Tenth Judicial District, Yuba ^County. The complaint averred that on the 22d day of April, 1861, W. S. Webb recovered a judgment against the plaintiff in the District Court of Yuba County, for four thousand three hundred and forty dollars, to bear interest at three per cent per month, and that J. 0. Goodwin was the attorney of record for said Webb. That on the 18th day of October, 1861, W. S. Webb assigned the judgment to J. E. Webb. That on the 31st day of May, 1862, plaintiff paid said Goodwin one thousand dollars in full satisfaction of said judgment, and…
1Opinion of the Court
By the Court, Shafter, J.
The question in this case, is, whether a payment of a part of the amount due upon a money judgment will discharge the judgment, the payment having been made under a dry agree*613ment that it should operate as a satisfaction in full. It was held in Cumber v. Wane, 1 Strange, 426, the leading case upon the subject, that a liquidated indebtedness, presently due, could not be discharged by a payment of less than the whole sum; and in the, case of Fitch v. Sutton, 5 East. 230, the doctrine is not only reasserted, but the reason of it is given—such a contract is nudum pactum.…
2Cited by12 opinions
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- Chicago, Rock Island & Pacific Railway Co. v. BuckstaffNebraska Supreme Court · 1902
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