Page:Black's Law Dictionary (Second Edition).djvu/24

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


thing done to oblige, usually spoken at’ a loan of money or commercial paper; also a friendly agreement or composition of differences. Abbott.

{{anchor+|.|ACCOMMODATION INDORSEMENT. See Innonsnirnnr. _

{{anchor+|.|ACCOMMODATION LANDS. ‘Land bought by a builder or speculstor, who erects houses thereon, and then ieases portions thereof upon an improved ground-rent.

{{anchor+|.|ACCOMMODATION PAPER. An accommodation bill or note is one to which the acconnuodating party. he he acceptor, draw- er, or indorser, has put his name, without consideration, for the purpose of benefiting or accoinmodnting some other party who dc.» sires to raise money on it, and is to provide for the bili when due. Miller v. Larned, 103 Ill. 5612; Jefferson County v. Burlington & M. R. Co., Hi Iowa, 335, 16 N. W. 561, 23 N. W. 899; Gillmann v. Henry. 53 Wis. 465, 10 N W. (:12; Peale v. Addicks, 174 Pa. 543, 34 Atl. 201.

{{anchor+|.|ACCOMMODATION WORKS. Works which a railway company is required to maize and maintain for the accommodation of the owners or occupiers of land adjoining the railway; e. g., gates. bridges, culverts, fences, etc. 8 Vict c. ‘.70, i GS.

{{anchor+|.|ACCOMPLICE. In criminal law. A person who knowingly, voluntarily, and with common intent with the principal offender unites in the commission of a crime. Clapp v. State. 9-1 Tenn. 186, 30 S. W. 214: People v. Bolangcr, 71 Cal. 17, 11 Pac. 799; State v. Umble, 115 M0. 452. 22 S. W. 378; Carroll v. State. 45 Arlr. 539; State v. Light, 17 Or. 358, 21 Pac. 132. _

One who is joined or united nlth another; one of several concerned in a felony; an associate in a clinic; owe who co-operates, aids, or assists in committing it. State v. Plan, 90 Iowa, %. 58 N. W. 898. This term includes all the purticilzcs criiniiiis, whether considered in strict legui propriety as pricnipals or us accessories. 1 Russ. Crimes, 26. It is generally applied to those who are ad- mitted to give eililence against their fellow criminals. 4 Bl. Comm. 331: Hawk. 1’. C. bk. 2, c. 37. § 7; Cross v. People, 47 Iii. 153. 95 Am. Dec 474.

One who is in some way concerned in the commission of a crline, though not as a principal; and this includes all persons who have been concerned in its commission. whether they are considered. in strict legal propriety, as principals in the first or second degree, or merely as accessories before or after the fact. In re Rowe. 77 Fed. 161. 23 C. C. A. 103; People v. Bolanger, '1' 1 Cal. 17 11 Pac. 799: Poll; v. State, 36 Ark. 117; Armstrong v. State, 33 Tex. Or. I:. 417, 2G 8. WV. 829.


{{anchor+|.|ACCORD, I7. In practice. To agree or concur, as one judge with another. “l accord.” Eyre, C. 3., 12 i\iod. 7. “The rest accorded." 7 Mod. 361.

{{anchor+|.|ACCORD, n. A satisfaction agreed upon between the party injuring and the party injured which, when performed, is a her to all actions upon this account. Kromer v. Heiin, 75 N. Y. 576, 31 Am. ltep. -19].

An agreement to accept, in extinction of an dbligation. something different from or less than that to which the person agreeing to accept is entitled. Civ. Code CaL § 1521; Clv. Code Dak § 859.

{{anchor+|.|ACCORD AND SATISFACTION. An agreement hctneen two persons, one of whom has a right of action against the other, that the latter should do or gu e, and the former accept, something in satisfaction or the right of action different from, and usu- ally less than, what might be legally eu- forced. When the agreement is executed, and satisfaction has been made. it is called “accord and satisfaction." Rogers v. Spo- kane, 9 Wash. 168, 37 Pac. 300; Davis v. Noziks, 3 J. J. Marsh. (Ky.) 49-l.

Accord and satisfaction is the suhstitutiun of another agreement between the parties in satisfaction of the former one, and an execution of the latter agreement Such is the definition of this sort of defense. usually given. But a broader application of the doctrine has been made in later times, where one promise or agreement is set up in satisfaction of another. The rule is that an agreement or promise of the some grade will not be held to be in satisfaction of a prior one. uuless it has been expressly accepted '15 such; as, Where a new promissory note has been given in lieu of a former one to have the effect of a satisfaction of the former. it must have been accepted on an express agreement to that etfect. Pulliam v. Taylor, 50 Miss. 2'11: Continental Nat. Bank v. Mc- Geoch, 92 Wis. 29?, (‘.6 N. W. (:06: Heath v. Vaughn, 11 Colo. App. 384, 53 Pac 2231- Story v. Maclay. 6 1\iont. 492. 13 Pac 15) , Sn-offord Bros. Dry Goods Co. v. Guss. (315 Mo. App. 55; Rogers v. Spokane, 6 Wash. 168, 37 Pac. 300; Heavenrich v. Steele, 57 Minn. 221, 58 N. W. 9S2.

{{anchor+|.|ACCORDANT. FT, and Eng. Agreeing: concuiring. “B.uon Parker, accord- am ,” Hardr. 915: “Holt. 0. 3.. riccarrlant." 6 Mod. 290; “I'ow_vs, 3., ac:-ord," “Powell, J ., accord." Id. 208.

{{anchor+|.|ACCOUCI.-I]-JMENT. The act of a woman in glxing lliith to 31 child. The fact of the accouchement, proved by a person who was present, is often important evidence in proving the parentage of a person.

{{anchor+|.|ACCOUNT. A detailed statement of the mutual demands in the nature of debt and

credit between parties, niising out of con-