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KELLY v. KOWALSKY

186 Conn. 618 (1982)

ARTHUR J. KELLY, TRUSTEE, ET AL. v. PAUL KOWALSKY ET AL.

Supreme Court of Connecticut.

Decision released April 6, 1982.

Attorney(s) appearing for the Case

David A. Gibson, for the appellants (plaintiffs).

Ernest L. Josem, for the appellees (named defendant et al.).

SPEZIALE, C. J., PETERS, ARMENTANO, SHEA and F. HENNESSY, JS.

PETERS, J.

The sole issue on this appeal is whether an express reservation of rights may enable a creditor to retain possession of checks tendered by his debtor in full satisfaction of an outstanding indebtedness without the creditor's loss of his rights to recover the full amount of the claimed indebtedness. The trial court held that retention of the checks constituted an accord and satisfaction and therefore discharged...

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