Supreme Judicial Court of Maine, 1887

Burgess v. Denison Paper Manufacturing Co.

Burgess v. Denison Paper Manufacturing Co.
Supreme Judicial Court of Maine · Decided March 8, 1887 · Emery, Haskell, Libbey, Peters, Virgin, Walton
79 Me. 266; 9 A. 726; 1887 Me. LEXIS 66
Burgess v. Denison Paper Manufacturing Co.

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Peters, C. J.

The plaintiff has a claim against the defendants for labor. The defendants rely on an alleged accord and satisfaction, contending that the plaintiff agreed to take a deed from a third party in satisfaction of his claim. The defendants obtained the deed but did not deliver it, relying on the plaintiff to call for it. "The accord is the agreement for the reception of the thing in discharge of the debt; the satisfaction is the actual reception of the thing.โ€ Whar. Con. ยง 996; Bragg v. Pierce 53 Maine, 65. Here there was accord but not satisfaction. The deed was not received. Nothing short of an actual reception of the deed would constitute a defense.

Exceptions overruled.

Walton, Virgin, Libbey, Emery and Haskell, JJ., concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.