Mitchell v. Asbury

In support of his plea of accord and satisfaction the defendant alleged that all moneys which had become due to the plaintiff under the contract sued on had been paid by a check given to the plaintiff and accepted by him in full settlement of the account. The plaintiff contends that he did not accept such check in full settlement of the amount due, but only as a part payment thereof. The check contained on its face the notation, “In full settlement of account.” The plaintiff testified that he took the check to the Farmers Bank in Locust Grove and had it certified. The check is still in the…