Dalrymple v. Craig
Missouri Court of Appeals
Appeal from the BeKalb Circuit Court. — Hon. W. S. Herndon, Judge.- (1) An accord and satisfaction is the substitution of another agreement between the parties in satisfaction of the former one, and an execution of the latter agreement. 3 Blackstone, Com., p. 15; 1 Am. and Eng. Ency. of Law, p. 94; Dry Goods Go. v. Gross, 65 Mo. App. 57. (2) Courts are liberal in their construction of the plea of accord and satisfaction, and will often hold the plea good although informal.
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Appeal from the BeKalb Circuit Court. — Hon. W. S. Herndon, Judge.- (1) An accord and satisfaction is the substitution of another agreement between the parties in satisfaction of the former one, and an execution of the latter agreement. 3 Blackstone, Com., p. 15; 1 Am. and Eng. Ency. of Law, p. 94; Dry Goods Go. v. Gross, 65 Mo. App. 57. (2) Courts are liberal in their construction of the plea of accord and satisfaction, and will often hold the plea good although informal. Wilkinson v. Inglesby, 2 Johns (N. Y.), 386. (3) The defendant’s answer stated all the facts necessary to constitute a…
1Opinion of the CourtGill, J.
pleasing, Plaintiffs sued the defendant on a promissory note for $300 executed by him October 12, 1891, and payable to plaintiffs ten days after date, the petition being in the ordinary form. The defendant filed an elaborate answer, the .sub-stance of which was, that defendant executed the note, which was one of three given to settle ta judgment of about $2,100 obtained by plaintiffs against defendant in June, 1891; that the other two notes were respectively for $900 and $921, payable on or before five years from the date thereof, and both of which were at the time secured by a deed of trust…
2Cited by2 opinions
- Wacksmuth v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Wacksmuth v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911