Kelly v. Kowalsky

The sole issue on this appeal is whether an express reservation of rights may enable a creditor to retain possession of checks tendered by Ms debtor in fnll satisfaction of an outstanding indebtedness without the creditor’s loss of his rights to recover the full amount of the claimed indebtedness. The trial court held that retention of the checks constituted an accord and satisfaction and therefore discharged the defendant debtors from their remaining indebtedness. Prom the judgment limiting the plaintiffs’ recovery to the face amount of the checks tendered by the defendants the plaintiffs…