Majority
p. 895Albert W. Page, Respondent, v. Mina C. Owen, as Executrix, etc., of George Owen, Deceased, Substituted in Place of George Owen, Deceased, Appellant.
Judgment of the City Court of White Plains and order denying motion to set aside the verdict and for a new trial reversed on the law, with costs, and judgment directed for defendant dismissing the complaint, with costs. The evidence compels the conclusion that payment by defendant of the sum of $350 on account of the unliquidated claim of $750 and acceptance of such payment by plaintiff constitute an accord and satisfaction. Lazansky, P. J., Hagarty, Carswell, Scudder and Davis, JJ., concur.