New York Court of Appeals

Fraser C. Fuller, Respondent v. Edward Kemp, Jr., Appellant

May 2, 1893138 N.Y. 231

Summary

The New York Court of Appeals held that the defendant's payment of $400 with a condition that it be in full satisfaction of the plaintiff's unliquidated claim, and the plaintiff's retention of that payment without objection, constituted an accord and satisfaction that extinguished the plaintiff's claim, and therefore the plaintiff could not recover the remaining balance.