Carlton Credit Corp. v. Atlantic Refining Co.
| Citation | 10 N.Y.2d 723,176 N.E.2d 837,219 N.Y.S.2d 269 |
| Parties | , 176 N.E.2d 837 CARLTON CREDIT CORPORATION, Appellant, v. The ATLANTIC REFINING COMPANY, Respondent. |
| Decision Date | 09 June 1961 |
| Court | New York Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 12 A.D.2d 613, 208 N.Y.S.2d 622.
An action was brought to recover money allegedly due under a charter party, which the plaintiff's assignor had entered into with the defendant as charterer for the transportation of certain cargo, which was transported. The Supreme Court, Special Term, New York County, Backer, J., rendered an order denying the defendant's motion for summary judgment and an order denying the plaintiff's cross-motion for summary judgment, and both parties appealed.
The Appellate Division unanimously reversed on the law and the facts the order denying the defendant's motion for summary judgment, granted that motion, affirmed the order denying the plaintiff's cross-motion for summary judgment, and held that where the defendant sent to plaintiff a check annexed to a letter, which itemized in detail the deductions claimed and made it clear that payment was conditioned on acceptance of the check in full for larger amount claimed by the plaintiff to be due, plaintiff's negotiation of the check constituted an accord and satisfaction, even though the plaintiff claimed that there was no intention to accept the check in full satisfaction and that a protest was registered.
The plaintiff appealed to the Court of Appeals, contending that the decision of the Appellate Division was erroneous, and that there was no accord and satisfaction, and that the defendant was estopped from claiming any deductions from or offsets to the amount of freight payable to plaintiff.
Garfield, Salomon & Mainzer, New York City (Jacob Freed Adelman, New York City, of counsel), for plaintiff-appellant Carlton Credit Corp.
Judgment affirmed, with costs.
All concur.
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