[Skip to Content]
[Skip to Content Landing]
Article
June 17, 1893

LEGAL EFFECT OF ACCEPTING AN AMOUNT LESS THAN BILL RENDERED.

JAMA. 1893;XX(24):675. doi:10.1001/jama.1893.12420510025004

This article is only available in the PDF format. Download the PDF to view the article, as well as its associated figures and tables.

Abstract

It is a general principle of the law that where a demand is liquidated or fixed, and the liability of the debtor is not in good faith disputed, the acceptance of a less sum than is the creditor's due will not, of itself, discharge the debt, even if a receipt in full is given. In such case the element of a consideration is lacking, and the obligation of the debtor to pay the entire debt is not satisfied. Unfortunately, however, this rule is denied application to bills rendered for medical services, according to a decision of the Court of Appeals of New York, in Fuller v. Kemp. Here a physician made out a bill for $670 for medical services, in settlement of which a check for $400 was sent to him, and stated to be in full satisfaction. This was retained, credited on the account, and a bill for the

First Page Preview View Large
First page PDF preview
First page PDF preview
×