Baird v. Smith

SHINN, J., pro tem.

In this action upon a promissory note, the findings of the court sustained the defense of accord and satisfaction. One of the points made by the plaintifE upon his appeal from the judgment is that defendant’s answer alleged satisfaction of the note, arrived at through agreement with the payee bank, whereas the proof showed an agreement between the maker and a receiver of the bank.

Defendant’s testimony in support of this defense was received without objection. It included evidence of negotiations concluded with two separate receivers of the bank and while there were some…