United States Supreme Court Cases & Opinions

U.S. Supreme Court

Boeffinger v. Tuyes, 120 U.S. 198 (1887)

Boeffinger v. Tuyes

Argued January 14, l7, 1887

Decided January 31, 1887

120 U.S. 198

Syllabus

The payment, after an adverse decree in the appellate court, of an agreed sum in compromise and settlement of his liability by a surety on an appeal bond to the attorney of record in the suit, fully authorized by his principal to make the settlement and compromise, and a written receipt, signed by the attorney as attorney of record, stating that the money is paid "in full satisfaction of the decree rendered against" the surety, constitute an accord and satisfaction which can be set up in an action against the surety on the appeal bond, and proof that the proposition for compromise was made by defendant and accepted by plaintiff in the original snit, with the expectation that the litigation would be terminated, and that notwithstanding this, other parties had taken a further appeal to this Court to which the surety was not a party, is not admissible to vary the force of the satisfaction.

This was an action against sureties in an appeal bond. Judgment for defendants, to review which plaintiffs sued out this writ of error. The case is stated in the opinion of the Court.