Martin v. Frantz
Supreme Court of Pennsylvania
EREOK TO THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 377 January Term 1889, Sup. Ct.; court below, No. 17 February Term 1888, C. P. On January 17, 1888, Jacob M. Frantz brought assumpsit against John U. Charles, David Martin and B. U. Charles, to recover a balance of $700, with interest, remaining unpaid upon a promissory note for $1,400, dated April 1, 1879, drawn by tlie defendants and payable one year after date to the order of John B. Eshbach, and indorsed by…
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EREOK TO THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 377 January Term 1889, Sup. Ct.; court below, No. 17 February Term 1888, C. P. On January 17, 1888, Jacob M. Frantz brought assumpsit against John U. Charles, David Martin and B. U. Charles, to recover a balance of $700, with interest, remaining unpaid upon a promissory note for $1,400, dated April 1, 1879, drawn by tlie defendants and payable one year after date to the order of John B. Eshbach, and indorsed by Eshbach to the plaintiff. Tlie defendants pleaded, non-assumpsit, payment, and the statute of limitations. At the trial on…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
It is too well settled to admit of discussion that an agreement to accept a smaller sum in satisfaction of a larger one, presently due, is without consideration and cannot be enforced; Brockley v. Brockley, 122 Pa. 1 ; and the actual acceptance of such smaller sum is not a good discharge of the debt, even as accord and satisfaction: Mechanics Bank v. Huston, 11 W. N. 389.
It is clear, therefore, that the agreement relied on by the defendant below was without consideration in the way of benefit accruing to the plaintiff, and it must fail as a defence unless it…
2Cases cited1 opinion
- Brockley v. BrockleySupreme Court of Pennsylvania · 1888
3Cited by12 opinions
- Lucacher v. KersonSupreme Court of Pennsylvania · 1946
- Reed v. HumphreySupreme Court of Kansas · 1904
- Christman v. MartinSuperior Court of Pennsylvania · 1898
- Turk v. Newark Fire Ins. Co.District Court, E.D. Pennsylvania · 1925
- Philadelphia, Baltimore & Washington Railroad v. WalkerSuperior Court of Pennsylvania · 1911
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