Stevens v. Baltz

Appellate Court of Illinois

Stevens v. Baltz

207 Ill. App. 393, 1917 Ill. App. LEXIS 680

CourtAppellate Court of Illinois

DecidedOctober 9, 1917

DocketGen. No. 22,346

StatusPublished

This text of 207 Ill. App. 393 (Stevens v. Baltz) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stevens v. Baltz, 207 Ill. App. 393, 1917 Ill. App. LEXIS 680 (Ill. Ct. App. 1917).

Pincite

Opinion

Mr. Justice Matchett

delivered the opinion of the court.

Abstract of the Decision. 1. Accobd and satisfaction, § 4* — when acceptance of check constitutes. Where a claim is unliquidated and the amount due is not ascertained and, fixed, and a check is tendered indicating that it is to be in full of the account, the acceptance of such check by the creditor constitutes an accord and satisfaction. 2. Accobd and satisfaction, § 8* — what weight given denial of creditor that check had words indicating full payment of indebtedness upon it at time received. In an action to recover the alleged balance due on an account for goods sold and delivered, in which the defense\ was an accord and satisfaction by giving of a check, held that, under the facts in evidence, plaintiff's denial that the check had the words “in full payment of all demands up to date” upon it at the time he received and cashed it, was entitled to little credence.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Matchett

delivered the opinion of the court.

Abstract of the Decision. 1. Accobd and satisfaction, § 4* — when acceptance of check constitutes. Where a claim is unliquidated and the amount due is not ascertained and, fixed, and a check is tendered indicating that it is to be in full of the account, the acceptance of such check by the creditor constitutes an accord and satisfaction. 2. Accobd and satisfaction, § 8* — what weight given denial of creditor that check had words indicating full payment of indebtedness upon it at time received. In an action to recover the alleged balance due on an account for goods sold and delivered, in which the defense\ was an accord and satisfaction by giving of a check, held that, under the facts in evidence, plaintiff's denial that the check had the words “in full payment of all demands up to date” upon it at the time he received and cashed it, was entitled to little credence.

Cite This Page — Counsel Stack

Bluebook (online)

207 Ill. App. 393, 1917 Ill. App. LEXIS 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-baltz-illappct-1917.