Bicknell v. Knollin

Decided October 10, 1917

Appellate Court of Illinois · decided 1917-10-10

Abstract of the Decision. 1. Accord and satisfaction, § 4* — when retention of check, constitutes. Where there is a bona fide dispute between parties as to the amount due one of them from the other, and a check is given by one party upon condition that it is to be received in full settlement of the claim, and the claimant retains possession of the check, there is an accord and satisfaction. 2. Accord and satisfaction, § 10* — when question for jury. In an action to recover an alleged balance.of an account due to sheep shippers from commission merchants, where, at the end of the season, a check was sent by defendants to plaintiffs in payment of an account but there had been no dispute in regard to the amount due, and the check was deposited in a bank in the regular course of business and a claim afterwards made for the alleged balance, held, that it was a question for the jury whether there was an accord and satisfaction.

Cited by 1 later decisions — most recently March 1934

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1917-10-10

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Mr. Presiding Justice Goodwin

¶1delivered the opinion of the court.

2. Accord and satisfaction, § 10* — when question for jury. In an action to recover an alleged balance.of an account due to sheep shippers from commission merchants, where, at the end of the season, a check was sent by defendants to plaintiffs in payment of an account but there had been no dispute in regard to the amount due, and the check was deposited in a bank in the regular course of business and a claim afterwards made for the alleged balance, held, that it was a question for the jury whether there was an accord and satisfaction.