Collier v. Hirsch

Hall, Judge.

1. This appeal presents the same question that we considered on the former appeal of the case'—does the defendant’s motion to set aside a default judgment allege facts upon which the relief can be granted? The only factual allega tion added by the amendment is that when the plaintiff received the check on December 26, I960', he intended to retain and cash it. It is not necessary for us to decide whether the plaintiff accepted the defendant’s check as an accord and satisfaction on December 26, I9601, because this is a question of the substance of defendant’s legal defense, not a…