Fidelity & Casualty Co. of New York v. Nello L. Teer Co.

When plaintiff, by its reply, challenged defendant’s plea of accord and satisfaction, it did not, nor does it now, claim that it was induced to accept the check for $70,438.21 by fraud or mistake.

Section II of the answer alleged the check on its face computed the amount owing and paid in this manner:

“As per agreed statement as of 9-1-53 between Mr. Adair andi Mr. McGarry $86,371.38

“Less deductions as per letter of 2-27-54 3,433.17

Less deductions as per letter of 2-27-54 12,500.00 15,933.17

$70,438.21”

and on the reverse carried this statement:

“In full payment and satisfaction of all amounts…