United States Casualty Co. v. Mather

Citations

• 67 Pa. Super. 42
• 1917 Pa. Super. LEXIS 337

Syllabus

<p>Accord and satisfaction — Payment upon condition — Dispute as to amount — Acceptance of payment — Evidence.</p> <p>Where, in ease of dispute, a payment is offered as payment in full, the party to whom it is made must refuse it or accept on the condition involved in the tender. If he accept the payment the condition npon which it was made goes with it. It is necessary that the money be offered in satisfaction of the account, and that the offer be accompanied with such a declaration as is equivalent to a condition that if the payment is accepted it shall be in satisfaction.</p> <p>In .an action by an insurance company to recover premiums which an agent of the defendants had not accounted for, an accord and satisfaction is established, where it appears (a) that there was a dispute as to the liability of the defendants; (b) that the latter had made a payment accompanied by a letter stating that in making the payment they did it with the understanding that it entirely closed up all the claims of every kind and character that plaintiff had against defendants by reason of the transactions of their agent; and (e) that the payment had been accepted.</p>