Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Douthwright v. Northeast: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
No edit summary |
Lost Student (talk | contribs) m (Updated timeline for new template) |
||
(5 intermediate revisions by one other user not shown) | |||
Line 12: | Line 12: | ||
In return, Douthwright withdrew his lawsuit in January 2001. Next, Northeast's insurer paid Douthwright $1 million. Northeast's other insurer refused to pay the remaining $1.5 million. | In return, Douthwright withdrew his lawsuit in January 2001. Next, Northeast's insurer paid Douthwright $1 million. Northeast's other insurer refused to pay the remaining $1.5 million. | ||
Consequently, in February 2001 Douthwright filed a motion for a default judgment for $1.5 million + interest. | |||
{{Timeline|'''Northeast sent Douthwright a $1.5 million check'''|25 April 2001|May 8, 2001|at evidentiary hearing, the trial court gave for Douthwright in the amount of $40,931.45 in interest}} | |||
|issues=Is the '''accord-&-satisfaction''' doctrine enforceable only in the context of a good-faith dispute about the amount of an unpaid debt? | |||
|arguments=After the payment of $1 million & the $1.5 million, Northeast argued that it had sent Douthwright an [https://www.quimbee.com/keyterms/doctrine-of-accord-and-satisfaction accord & satisfaction] letter. https://www.law.cornell.edu/wex/accord_and_satisfaction | |||
|holding=Yes. A debtor may invoke the accord-&-satisfaction doctrine only if there's a good-faith dispute about the debt amount. | |||
Holding was in favor of Douthwright. In this case, the accord-&-satisfaction letter didn't have a legal effect to discharge the interest obligation of Northeast. | |||
|judgment=Affirmed in favor Douthwright | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/douthwright-v-northeast-corridor-foundations | |link=https://www.quimbee.com/cases/douthwright-v-northeast-corridor-foundations | ||
Line 19: | Line 29: | ||
|link=https://law.justia.com/cases/connecticut/court-of-appeals/2002/72ap512.html | |link=https://law.justia.com/cases/connecticut/court-of-appeals/2002/72ap512.html | ||
|case_text_source=Justia | |case_text_source=Justia | ||
}}{{Infobox Case Brief/Case Text Link | |||
|link=https://casetext.com/case/douthwright-v-northeast-corridor-foundations | |link=https://casetext.com/case/douthwright-v-northeast-corridor-foundations | ||
|case_text_source=CaseText | |case_text_source=CaseText | ||
}} | }} | ||
}} | }} |
Latest revision as of 04:17, December 16, 2023
Douthwright v. Northeast | |
Court | Connecticut Appellate Court |
---|---|
Citation | 805 A.2d 157 |
Date decided | September 17, 2002 |
Facts
A concrete pylon fell off a truck & crushed Mr. Douthwright ("Douthwright")'s leg.
Procedural History
- Northeast Corridor Foundations ="Northeast" = 1 of the defendants
Douthwright sued several defendants for money damages in a Connecticut state court.
The opposing parties reached an oral agreement to pay Douthwright $3.2 million. The insurers of Northeast were supposed to pay Douthwright $2.5 million upfront.
In return, Douthwright withdrew his lawsuit in January 2001. Next, Northeast's insurer paid Douthwright $1 million. Northeast's other insurer refused to pay the remaining $1.5 million.
Consequently, in February 2001 Douthwright filed a motion for a default judgment for $1.5 million + interest.
25 April 2001
Northeast sent Douthwright a $1.5 million check
May 8, 2001
at evidentiary hearing, the trial court gave for Douthwright in the amount of $40,931.45 in interest
Issues
Is the accord-&-satisfaction doctrine enforceable only in the context of a good-faith dispute about the amount of an unpaid debt?
Arguments
After the payment of $1 million & the $1.5 million, Northeast argued that it had sent Douthwright an accord & satisfaction letter. https://www.law.cornell.edu/wex/accord_and_satisfaction
Holding
Yes. A debtor may invoke the accord-&-satisfaction doctrine only if there's a good-faith dispute about the debt amount.
Holding was in favor of Douthwright. In this case, the accord-&-satisfaction letter didn't have a legal effect to discharge the interest obligation of Northeast.Judgment
Affirmed in favor Douthwright