Flynn v. Hurlock
Flynn v. Hurlock
Opinion of the Court
While we do not think there is any merit in the several assignments of error submitted on behalf of the appellant, and while it is certainly true that a receipt is open to explanation, and is not necessarily conclusive in itself, we are very clear that, upon the testimony in this case, the receipt “ in full of all demands,” given by the plaintiff to the defendant, when the final payment was made, precludes him from any further recovery. He gave
Judgment affirmed.
Reference
- Full Case Name
- Edward Flynn v. W. A. Hurlock and H. G. Hurlock, trading as W. A. Hurlock & Son
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Evidence — Receipt—Payment. Where a receipt is given “ in full of all demands ” because the debtors refused to pay any more money without it, the creditor must be assumed to have received the money upon the express condition that it was in full all demands, and he is concluded by it, notwithstanding his assertion at the time that .he “ waived no rights.”