Simons v. Supreme Council American Legion of Honor
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 6, 1903, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The settlement of the disputed claim between the parties effected an accord and satisfaction. (Whittaker v. Ellenberg, 70 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 6, 1903, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The settlement of the disputed claim between the parties effected an accord and satisfaction. (Whittaker v. Ellenberg, 70 App. Div. 489 ; Looby v. Vil. of West Troy, 24 Hun, 78 ; Palmerton v. Huxford, 4. Den. 166 ; People v. Bd. of Suprs., 33 Hun, 305 ; People v. Bd. of Managers, 96 N. Y. 640 ;…
1Opinion of the Court
Parker, Cli. J.
Defendant insists that it should have had judgment against plaintiff on the ground that plaintiff’s claim grows out of a-situation which was included in an accord and satisfaction; that there was a dispute between plaintiff’s assignors and defendant as to the amount due the former from the latter ■— an honest dispute — which resulted in the proposition by defendant to pay a given sum and no more in settlement of the matter, for which sum a draft was ‘accepted.
Now it is the settled law of this state that if a debt or claim be disputed or contingent at the timq of payment, the…
2Cases cited3 opinions
- Komp v. . RaymondNew York Court of Appeals · 1903
- Weber v. Supreme Tent of Knights of MacCabees of WorldNew York Court of Appeals · 1902
- Larkin v. . HardenbrookNew York Court of Appeals · 1882
3Cited by29 opinions
- Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.New York Court of Appeals · 1985
- B. & W. Engineering Co. v. BeamCalifornia Court of Appeal · 1913
- Schnell v. . PerlmonNew York Court of Appeals · 1924
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- Wright v. Knights of the MacCabees of the WorldNew York Court of Appeals · 1909
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