United States Casualty Co. v. Mather
Superior Court of Pennsylvania
Appeal, No. 217, Oct. T., 1916, by plaintiff, from judgment of Municipal Court, Philadelphia Co., Feb. T., 1916, No. 4, for want of a sufficient statement in case of United States Casualty Company v. Charles E. Mather, Victor C. Mather, Gilbert Mather and Joseph O’Brien, trading as Mather & Company. Assumpsit to recover premiums. Rule for judgment for want of a sufficient statement.
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Appeal, No. 217, Oct. T., 1916, by plaintiff, from judgment of Municipal Court, Philadelphia Co., Feb. T., 1916, No. 4, for want of a sufficient statement in case of United States Casualty Company v. Charles E. Mather, Victor C. Mather, Gilbert Mather and Joseph O’Brien, trading as Mather & Company. Assumpsit to recover premiums. Rule for judgment for want of a sufficient statement. From the record it appeared that the defendants’ agent in San Francisco, Charles H. Williamson, had collected certain premiums which should have been turned over to the plaintiff, but that he had failed to do so.…
1Opinion of the Court
Opinión by
Head, J.,
The legal principle commonly referred to by the use of the words “accord and satisfaction” is a simple one. It *45rests on a solid foundation, whether viewed from the standpoint of sound reasoning or. good morals. Its essential ingredients are thus stated by our Brother Henderson in Bernstein v. Hirsch, 33 Pa. Superior Ct. 87, to wit: “Where, in case of dispute, a payment is offered as payment in full, the party to whom it is made must refuse it or accept on the condition involved in the tender. If he accept the payment the condition upon which it was made goes with it. It is…
2Cases cited1 opinion
- Bernstein v. HirschSuperior Court of Pennsylvania · 1907
3Cited by3 opinions
- Sollenberger & Branthaver v. ScattergoodSuperior Court of Pennsylvania · 1923
- Crescent Corrugated Paper Products Co. v. Weaver Paper Co.Superior Court of Pennsylvania · 1924
- Carl v. Carl, Pennsylvania Court of Common Pleas, Columbia County1923