BAIRD v. UNITED STATES


96 U.S. 430 (1877)

BAIRD v. UNITED STATES.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. John D. McPherson for the appellant.

The Solicitor-General, contra.


MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

It is, no doubt, true that the payment by a debtor of a part of his liquidated debt is not a satisfaction of the whole, unless made and accepted upon some new consideration; but it is equally true, that, where the debt is unliquidated and the amount is uncertain, this rule does not apply. In such cases the question is, whether the payment was in fact made and accepted in satisfaction.

It is clear...

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