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

This page needs to be proofread.
ACCOMMODATION INDORSEMENT
16
ACCOUNT

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

ACCOMMODATION INDORSEMENT. See Indoresment.

ACCOMMODATION LANDS. Land bought by a builder or speculator, who erects houses thereon, and then leases portions thereof upon an improved ground-rent.

ACCOMMODATION PAPER. An accommodation bill or note is one to which the accomodating party. he he acceptor, draw- er, or indorser, has put his name, without consideration, for the purpose of benefiting or accommodating some other party who de- sires to raise money on it, and is to provide for the bill 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.

ACCOMMODATION WORKS. Works which a railway company is required to make 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. 20, § 68.

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. 94 Tenn. 186, 30 S. W. 214: People v. Bolanger, 71 Cal. 17, 11 Pac. 799; State v. Umble, 115 Mo. 452. 22 S. W. 378; Carroll v. State. 45 Ark. 539; State v. Light, 17 Or. 358, 21 Pac. 132.

One who is joined or united with 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. Ean, 90 Iowa, 534. 58 N. W. 898. This term includes all the participes criminis, whether considered in strict legal propriety as pricicipals or as accessories. 1 Russ. Crimes, 26. It is generally applied to those who are ad- mitted to give evidence against their fellow criminals. 4 Bl. Comm. 331: Hawk. P. C. bk. 2, c. 37. § 7; Cross v. People, 47 Ill. 153. 95 Am. Dec 474.

One who is in some way concerned in the commission of a crime, 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, 71 Cal. 17 11 Pac. 799: Poll; v. State, 36 Ark. 117; Armstrong v. State, 33 Tex. Or. I:. 417, 26 S. W. 829.


ACCORD, n. In practice. To agree or concur, as one judge with another. "I accord." Eyre, C. J., 12 Mod. 7. "The rest accorded." 7 Mod. 361.

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. Helm, 75 N. Y. 576, 31 Am. Rep. 491.

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

ACCORD AND SATISFACTION. An agreement between two persons, one of whom has a right of action against the other, that the latter should do or give, and the former accept, something in satisfaction or the right of action different from, and usu- ally less than, what might be legally en- 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. Noaks, 3 J. J. Marsh. (Ky.) 494.

Accord and satisfaction is the substitution 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 unless it has been expressly accepted as 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 effect. Pulliam v. Taylor, 50 Miss. 251: Continental Nat. Bank v. Mc- Geoch, 92 Wis. 296, 66 N. W. 606; Heath v. Vaughn, 11 Colo. App. 384, 53 Pac 229; Story v. Maclay. 6 Miont. 492. 13 Pac 198; Swofford 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. 982.

ACCORDANT. Fr, and Eng. Agreeing: concurring. "Baron Parker, accord- ant," Hardr. 93: "Holt. C. J. accordant." 6 Mod. 290; "Powys, 3., accord," "Powell, J ., accord." Id. 208.

'ACCOUCHMENT. The act of a woman in giving birth to a child. The fact of the accouchement, proved by a person who was present, is often important evidence in proving the parentage of a person.

ACCOUNT. A detailed statement of the mutual demands in the nature of debt and credit between parties, arising out of con-