New York Life Insurance v. MacDonald
Supreme Court of Colorado
Error to Denver District Court. lion.. Charles C. Butler, Judge. 4 Department.
1Opinion of the Court
Opinion by Mr.
Justice Teller.
The defendant in error was plaintiff below in an action to recover a balance alleged to be due him from the plaintiff in error on one of its policies.
One of the defenses was accord and satisfaction. The trial court rejected this defense on the ground that no accord and satisfaction was shown, in that there was no consideration for the alleged contract under which the plaintiff was paid a sum less than he claimed to be due.
The correctness of this ruling is the only question necessary to be determined, in the view we take of the case. '
It appears that the plaintiff…
2Cases cited13 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
- Ostrander v. ScottIllinois Supreme Court · 1896
- Kellogg v. RichardsNew York Supreme Court · 1835
- Tanner v. MerrillMichigan Supreme Court · 1895
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stanley-Thompson Liquor Co. v. Southern Colorado Mercantile Co.Supreme Court of Colorado · 1919
- Addison Miller, Inc. v. American Central InsuranceSupreme Court of Minnesota · 1933
- Castillo I. Richards, Administrator of the Estate of Juancito Richards, Deceased v. Edward Power BoydCourt of Appeals for the Third Circuit · 1965
- Winter Cigar Co. v. BurmanSupreme Court of Colorado · 1919
- Dresser v. W. H. Mullin Lumber Co.Supreme Court of Colorado · 1933
3 more not listed; retrieve them via the Exa API.