Russell v. Lytle
New York Supreme Court
Demurrer to plea. To a declaration in debt on bond for the payment of money, the defendants pleaded that amortgage of certain lands was executed by them, as collateral security for the payment of the money mentioned in the condition of the bond, and that previous to all the monies becoming due, it was agreed between the plaintiff and them, that they should surrender, the mortgaged premises to the plaintiff, and put him in the quiet and peaceable possession thereof, and that…
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Demurrer to plea. To a declaration in debt on bond for the payment of money, the defendants pleaded that amortgage of certain lands was executed by them, as collateral security for the payment of the money mentioned in the condition of the bond, and that previous to all the monies becoming due, it was agreed between the plaintiff and them, that they should surrender, the mortgaged premises to the plaintiff, and put him in the quiet and peaceable possession thereof, and that the plaintiff would receive the same in full satisfaction and discharge of the monies specified in the condition of the…
1Opinion of the Court
By the Court,
Marcy, J.
If the agreement stated in the plea is a defence to this action, it must be as an accord and satisfaction. To make an accord good, it must be in full satisfaction. Comyn's Dig. tit. Accord, B. Where an accord is relied on, it must be executed. 3 Black. Comm. 15. Readiness to perform is not sufficient. Comyn’s Dig. tit. Accord, B. 4. Roll. Abr. 129, b. 17. In Lynn v. Bruce, 2 H. Bl. 317, which was assumpsit for the composition agreed to be given to the plaintiff for his debt due on a bond, it was held that the action would not lie. Lord Ch. J. Eyre remarked: “ Interest…
2Cited by30 opinions
- Kromer v. . HeimNew York Court of Appeals · 1879
- Rorer Iron Co. v. TroutSupreme Court of Virginia · 1887
- Long v. ScanlanSupreme Court of Georgia · 1898
- Hawley v. FooteNew York Supreme Court · 1838
- Bradshaw v. DavisTexas Supreme Court · 1854
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