Scott v. Scripture

Connecticut Superior Court

Scott v. Scripture

1 Kirby 363

Connecticut Superior Court·Decided January 15, 1788·Published

Opinion

By the Court.

The agreement stated in the declaration, if of any validity, could only have been taken advantage of in the action before Justice West, by pleading it in bar, by way of discharge, or accord and satisfaction; but as the article alleged to be the consideration of said agreement was exhibited, and allowed in part payment of said Scott’s demand, Scripture could not legally take any further benefit by the agreement.

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By the Court.

The agreement stated in the declaration, if of any validity, could only have been taken advantage of in the action before Justice West, by pleading it in bar, by way of discharge, or accord and satisfaction; but as the article alleged to be the consideration of said agreement was exhibited, and allowed in part payment of said Scott’s demand, Scripture could not legally take any further benefit by the agreement.

Scott v. Scripture, 1 Kirby 363 (Colo. Ct. App. 1788).

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