Hearn v. Kiehl
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an amicable action in case, entered in the District Court of Philadelphia, to December Term 1859, in which George A. Hearn was plaintiff, and John Kiehl and William Kiehl, partners, doing business as John Kiehl & Son, were defendants. The suit was brought on a promissory note for $168.95, signed by defendants, September 5th 1859, and payable to order of plaintiff, four months after date.
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Error to the District Court of Philadelphia. This was an amicable action in case, entered in the District Court of Philadelphia, to December Term 1859, in which George A. Hearn was plaintiff, and John Kiehl and William Kiehl, partners, doing business as John Kiehl & Son, were defendants. The suit was brought on a promissory note for $168.95, signed by defendants, September 5th 1859, and payable to order of plaintiff, four months after date. The defendant (John Kiehl) filed the following affidavit of defence: “ The said defendants have a just and full defence to the whole of claim of the…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
— Accord and satisfaction is a good plea by a debtor to the action of his creditor, but the legal notion of accord is a new agreement on a new consideration to discharge the debtor. And it is not enough that there be a clear agreement or accord, and a sufficient consideration, but the accord must be executed. The plea must allege that the matter was accepted in satisfaction. Mere readiness to perform the accord, or a tender of performance, or even a part performance and readiness to perform the rest, will not do. Such is the law between…
2Cases cited1 opinion
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