State v. Story
Mississippi Supreme Court
Error to the Circuit Court of Tippah County. Hon. J. "W. C. Watsok, Judge. This action on the bond of the administratrix of Robert Story, for the use of Eliza Furdick’s heirs by her first marriage, was to recover the amount of a judgment against the administratrix in favor of Eliza Furdick and her present husband, for the use of herself and those heirs. The defendants pleaded accord and satisfaction.
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Error to the Circuit Court of Tippah County. Hon. J. "W. C. Watsok, Judge. This action on the bond of the administratrix of Robert Story, for the use of Eliza Furdick’s heirs by her first marriage, was to recover the amount of a judgment against the administratrix in favor of Eliza Furdick and her present husband, for the use of herself and those heirs. The defendants pleaded accord and satisfaction. The judgment sued on, which was based upon Robert Story’s note, payable to Eliza Furdick, for the use of herself and the heirs, had been disputed and compromised by the payment to her of a sum…
1Opinion of the CourtCampbell, J.
This case presents the question whether the settlement of a disputed claim, by payment of a sum less than the demand to one of the joint creditors, is a bar to an action on such claim, and we agree with the learned judge of the Circuit Court in holding the affirmative of this question.
A compromise of a disputed matter binds both parties. Long v. Shackleford, 25 Miss. 559. A payment to one of several joint creditors, or an accord and satisfaction with one of the plaintiffs, is good, without showing that the plaintiff who made the settlement had authority from the others to make it. Wallace v.…
2Cases cited2 opinions
- Wright v. WareSupreme Court of Georgia · 1877
- Long v. ShacklefordMississippi Supreme Court · 1853
3Cited by4 opinions
- Freedman v. Montague Associates, Inc.New York Supreme Court · 1959
- Austin-Western Road MacH. Co. v. John A. Spencer, Inc.Mississippi Supreme Court · 1940
- Clayton v. ClarkMississippi Supreme Court · 1896
- Leafgreen v. TelfordAppellate Court of Illinois · 1912