Boffinger v. Tuyes

Citations

• 120 U.S. 198
• 7 S. Ct. 529
• 30 L. Ed. 649
• 1887 U.S. LEXIS 1960

Syllabus

<p>The payment, after an adverse decree in the appellate court, of an agreed sum in compromise and settlement of his liability, by a surety on an appeal bond to the attorney of record in the suit,' fully authorized by his principal to make the settlement and compromise, and a written receipt, signed by the attorney as attorney of record, stating that the money is paid “in full satisfaction of-the decree rendered against” the surety, constitute an accord and satisfaction which can bo set up in an action against the surety on the appeal bond; and proof that the proposition for compromise was made by defendant and accepted by plaintiff in the original suit, with the expectation that the litigation would be terminated, and that, notwithstanding this, other parties had taken á further appeal to this court to which the surety was not a party, is not admissible to vary the force óf the satisfaction.</p>