¶1The agreement stated in the declaration, if of any validity, could only have been taken advantage of in the action before Justice West, by pleading it in bar, by way of discharge, or accord and satisfaction; but as the article alleged to be the consideration of said agreement was exhibited, and allowed in part payment of said Scott’s demand, Scripture could not legally take any further benefit by the agreement.
1 Kirby 363
Scott v. Scripture
Decided January 15, 1788
Connecticut Superior Court · decided 1788-01-15
EeROe from the judgment of a justice of the peace. Scripture brought his action before Mr. Holmes, a justice of the peace, declaring — That for a valuable consideration received and accepted by Scott, in full of all demands against Scripture, said Scott did agree and engage to relinquish and discharge him of every demand whatever; but that after-wards he brought his action of book debt before Jeremiah West, Esq. and recovered the whole of his demand, in direct violation of…
Judgment of the justice reversed · Decided 1788-01-15