Legal Opinion
King v. Prince
Court of Appeals of Georgia
Decided January 20, 1954No. 34935PublishedCited by 6 opinions
1Opinion of the CourtGardner, P. J.
“If the tort complained of does not amount to a crime, the person injured may consent to a satisfaction and settlement thereof.” Code § 105-1901. “An agreement by a creditor to receive less than the amount of his debt cannot be pleaded as an accord and satisfaction, unless it be actually executed by the payment of the money.” Code § 20-1204. The defendant here paid the money. The plaintiff testified, “I have been fully paid and satisfied as to my claim under this accident.” The facts here show a complete accord and satisfaction fully performed by the payment and acceptance of the money. This…
2Cases cited9 opinions
- Brunswick & Western Railway Co. v. ClemSupreme Court of Georgia · 1888
- Terrell v. StevensonSupreme Court of Georgia · 1895
- Long v. ScanlanSupreme Court of Georgia · 1898
- Tyler v. National Life & Accident InsuranceCourt of Appeals of Georgia · 1934
- Franklin v. MobleyCourt of Appeals of Georgia · 1945
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3Cited by6 opinions
- Calvert Fire Ins. Co. v. JamesSupreme Court of South Carolina · 1960
- Reserve Life Insurance v. PeavyCourt of Appeals of Georgia · 1956
- Southern Life Ins. Co. v. Citizens Bank of NashvilleCourt of Appeals of Georgia · 1955
- Thomas v. CITIES TRANSIT, INCORPORATEDCourt of Appeals of Georgia · 1958
- Washington v. KempCourt of Appeals of Georgia · 1959
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