Appellate Division of the Supreme Court of the State of New York June 30, 1908 (Huber v. Klebold Press)

MacLEAN, J.

Apart from the question of accord and satisfaction, in view of the denial of the treasurer of the defendant that the bill rendered to the plaintiff for extra work (the subject of its counterclaim) was ever returned, the check in full received and retained by the defendant may not be said to be an accord, there is no dispute as to amount due prior thereto.