Daniels v. Hatch
Supreme Court of New Jersey
This was an action on the case tried at the Essex Circuit, at August Term, 1845, before the late Chief Justice; a verdict was rendered, under the direction of the Circuit Judge, in favor of the plaintiff for the whole amount claimed, with leave for defendants to move for nonsuit at bar on a special ease stated. The plaintiff’s claim was founded on two promissory notes given to him by the defendants, which were not disputed.
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This was an action on the case tried at the Essex Circuit, at August Term, 1845, before the late Chief Justice; a verdict was rendered, under the direction of the Circuit Judge, in favor of the plaintiff for the whole amount claimed, with leave for defendants to move for nonsuit at bar on a special ease stated. The plaintiff’s claim was founded on two promissory notes given to him by the defendants, which were not disputed. The defence was rested on an alleged agreement for composition, founded on the following facts. A deed of composition dated July 14, 1840, was executed between the…
1Opinion of the Court
The Chief Justice delivered the opinion of the court.
The question raised, and very elaborately argued on the briefs of counsel in this case is, whether a parol agreement by a creditor to accept from his debtor by way of compromiso less than is due, is a discharge or satisfaction of the original debt, or may be set up in bar as an accord and satisfaction of the whole claim.
It would seem to be well settled by authority, that such an agreement is nudum pactum and void, and although payment of the sum agreed upon by way of composition be tendered, or actually received, it is no discharge of the…
2Cases cited2 opinions
- Eaton v. LincolnMassachusetts Supreme Judicial Court · 1816
- Allen v. RooseveltNew York Supreme Court · 1835
3Cited by2 opinions
- In Re American Coils Co.Court of Appeals for the Third Circuit · 1951
- Massey v. Del-Valley Corp.New Jersey Superior Court Appellate Division · 1957