Murray & Mason v. Snow
Supreme Court of Iowa
Appeal from, Pottawattamie Circuit Court. Friday, October 24. The plaintiffs brought this action against defendant upon an account for tobacco sold him September 30, 1870, to the amount of $596.50, with a credit indorsed August 12, 1871, for $298.25 cash paid. The defendant, for answer, denied the indebtedness, but admitted the purchase of the tobacco, and averred its payment, October 31, 1870, by note, which was accepted in full satisfaction.
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Appeal from, Pottawattamie Circuit Court. Friday, October 24. The plaintiffs brought this action against defendant upon an account for tobacco sold him September 30, 1870, to the amount of $596.50, with a credit indorsed August 12, 1871, for $298.25 cash paid. The defendant, for answer, denied the indebtedness, but admitted the purchase of the tobacco, and averred its payment, October 31, 1870, by note, which was accepted in full satisfaction. The plaintiffs then amended their petition, and averred that after the purchase of the tobacco, and on October 31, 1870, the defendant executed his…
1Opinion of the CourtCole, J.
The doctrine that the agreement to accept and the actual acceptance of a part of a debt then due, in full discharge for the whole, is not binding, because of the want of consideration, and will not, therefore, bar an action for the balance, was first established by the case of Cumber v. Wane, *4131 Strange, 426; S. C., 1 Smith’s Lead. Cas. 146 (5th Am. ed. 439). That case has been often followed, and, although it has been said that the doctrine is technical and not very well supported by reason, and has, therefore, been frequently departed from on slight distinctions (see Ha/rper v. Graham, 20…
2Cases cited1 opinion
- Bunge v. . KoopNew York Court of Appeals · 1872
3Cited by6 opinions
- Shelton v. JacksonCourt of Appeals of Texas · 1899
- Larned v. City of DubuqueSupreme Court of Iowa · 1892
- Bank v. ShookTennessee Supreme Court · 1898
- Mellen v. GoldsmithWisconsin Supreme Court · 1879
- Gillfillan v. FarringtonAppellate Court of Illinois · 1882
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