Town's Admr. v. Waldo
Supreme Court of Vermont
Debt on j ndgment. Plea, accord and satisfaction. Replication, fraud. Trial by court at the September Term, 1888, Washington County, Tyler, J., presiding. Judgment for the plaintiff. The defendant excepts. The facts appear in the opinion. The delivery and acceptance of the heifer constituted a complete accord and satisfaction. 6 Wait, Act. & Def. 409; Fisher v. May, 2 Bibb. 449 ; Reed v. Bartlett, 19 Pick. 273 ; Union Bank v. George, 5 Pet. 99-114; Day v. Gardner, 7 Atl.
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Debt on j ndgment. Plea, accord and satisfaction. Replication, fraud. Trial by court at the September Term, 1888, Washington County, Tyler, J., presiding. Judgment for the plaintiff. The defendant excepts. The facts appear in the opinion. The delivery and acceptance of the heifer constituted a complete accord and satisfaction. 6 Wait, Act. & Def. 409; Fisher v. May, 2 Bibb. 449 ; Reed v. Bartlett, 19 Pick. 273 ; Union Bank v. George, 5 Pet. 99-114; Day v. Gardner, 7 Atl. Rep. 865 ; 1 Add. Con. (1883 Ed.) 536 — 9 ; Cobb v. Cow-dry, 40 Yt. 25 ; Babcock v. Hawkins, 23 Yt. 561; Fogg v. Miami, 30…
1Opinion of the Court
*120The opinion of the court was delivered by
Munson, J.
The action is debt on judgment, accord and satisfaction are pleaded, and the plaintiff replies that the settlement was procured by fraud.
After taking out execution, Town had several interviews with the defendant about its payment. On these occasions the defendant said he was unable to pay anything, but that if he ever got his pension he could pay. These interviews resulted in talks of compromise, Town being willing to take one-lialf his claim, and the defendant denying his ability to raise that amount. Town finally requested the defendant to…
2Cases cited2 opinions
- Fulham v. HoweSupreme Court of Vermont · 1888
- Flagg v. MannSupreme Court of Vermont · 1858
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- Seeck v. JakelOregon Supreme Court · 1914
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- CALEDONIA SAND AND GRAVEL CO. v. Joseph A. Bass Co.Supreme Court of Vermont · 1959
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