disputed claim in North Carolina

24 North Carolina opinions name it 3 courts 1923–2012 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

Case	Followed	Cited
Sharpe v. Nationwide Mutual Fire Insurancegreen ncctapp · 1983 · cited in 2 North Carolina opinions naming this issue, 1992–1995 2 sentences 1995Although we agree Zanone’s letter conveyed his displeasure with the amount RJR offered, the law clearly states, “[t]he cashing of a check tendered in full payment of a disputed claim establishes an accord and satisfaction as a matter of law. . . . [T]he claim is extinguished, regardless of any disclaimers which may be communicated by the payee.” Sharpe, 62 N.C. 1992“The cashing of a check tendered in full payment of a disputed claim establishes an accord and satisfaction as a matter of law. . . . [T]he claim is extinguished, regardless of any disclaimers which may be communicated by the payee.” Id. at 566 , *258 302 S.E.2d at 894 (citation omitted).	2	2
Sanyo Electric, Inc. v. Albright Distributing Co.green ncctapp · 1985 · cited in 2 North Carolina opinions naming this issue, 1988–2012 2 sentences 2012“When there is some indication on a check that it is tendered in full payment of a disputed claim, the cashing of the check is held to be an accord and satisfaction as a matter of law.” Sanyo, 76 N.C. 1988“When there is some indication on a check that it is tendered in full payment of a disputed claim, the cashing of the check is held to be an accord and satisfaction as a matter of law.” Sanyo v. Albright Distributing Co., 76 N.C.	1	2
Zanone v. RJR Nabisco, Inc.green ncctapp · 1995 · cited in 2 North Carolina opinions naming this issue, 2005–2011 2 sentences 2011App. 768, 773 , 463 S.E.2d 584, 588 (1995) (“the law clearly states, the cashing of a check tendered in full payment of a disputed claim establishes an accord and satisfaction as a matter of law. . . . 2005App. 768 , 463 S.E.2d 584 (1995) (cashing of a check tendered in full payment of a disputed claim establishes an accord and satisfaction as a matter of law and the claim is extinguished, regardless of any disclaimers which may be communicated by payee), disc. review denied , 342 N.C. 666 , 467 S.E.2d 738 (1996). 5.	1	2
Keith v. Glenngreen nc · 1964 · cited in 2 North Carolina opinions naming this issue, 1975–2009 2 sentences 2009A. Loving Co., 317 N.C. 623, 625 , 347 S.E.2d 369, 370 (1986) (“On 21 February 1984, without approval of the plaintiff, Aetna paid $136,445.29 to the defendant and obtained from the defendant a ‘Release in Full’ executed by the defendant’s Executive Vice-President.”), review denied, 325 N.C. 545 , 385 S.E.2d 496 (1989); Keith v. Glenn, 262 N.C. 284, 287 , 136 S.E.2d 665, 668 (1964) (“[Plaintiff] deliberately elected to plead: ‘That the receipt of the sum of $1,250.00 and the execution of said release was in compromise and settlement of a disputed claim[.]”); Bradford v. Kelly, 260 N.C. 382, 38 2009A. Loving Co., 317 N.C. 623, 625 , 347 S.E.2d 369, 370 (1986) (“On 21 February 1984, without approval of the plaintiff, Aetna paid $136,445.29 to the defendant and obtained from the defendant a ‘Release in Full’ executed by the defendant’s Executive Vice-President.”), review denied, 325 N.C. 545 , 385 S.E.2d 496 (1989); Keith v. Glenn, 262 N.C. 284, 287 , 136 S.E.2d 665, 668 (1964) (“[Plaintiff] deliberately elected to plead: ‘That the receipt of the sum of $1,250.00 and the execution of said release was in compromise and settlement of a disputed claim[.]”); Bradford v. Kelly, 260 N.C. 382, 38	1	2
Bradford v. Kellygreen nc · 1963 · cited in 1 North Carolina opinions naming this issue, 2009–2009 2 sentences 2009A. Loving Co., 317 N.C. 623, 625 , 347 S.E.2d 369, 370 (1986) (“On 21 February 1984, without approval of the plaintiff, Aetna paid $136,445.29 to the defendant and obtained from the defendant a ‘Release in Full’ executed by the defendant’s Executive Vice-President.”), review denied, 325 N.C. 545 , 385 S.E.2d 496 (1989); Keith v. Glenn, 262 N.C. 284, 287 , 136 S.E.2d 665, 668 (1964) (“[Plaintiff] deliberately elected to plead: ‘That the receipt of the sum of $1,250.00 and the execution of said release was in compromise and settlement of a disputed claim[.]”); Bradford v. Kelly, 260 N.C. 382, 38 2009A. Loving Co., 317 N.C. 623, 625 , 347 S.E.2d 369, 370 (1986) (“On 21 February 1984, without approval of the plaintiff, Aetna paid $136,445.29 to the defendant and obtained from the defendant a ‘Release in Full’ executed by the defendant’s Executive Vice-President.”), review denied, 325 N.C. 545 , 385 S.E.2d 496 (1989); Keith v. Glenn, 262 N.C. 284, 287 , 136 S.E.2d 665, 668 (1964) (“[Plaintiff] deliberately elected to plead: ‘That the receipt of the sum of $1,250.00 and the execution of said release was in compromise and settlement of a disputed claim[.]”); Bradford v. Kelly, 260 N.C. 382, 38	1	1
Houghton v. Harrisgreen nc · 1955 · cited in 1 North Carolina opinions naming this issue, 2009–2009 2 sentences 2009Cothran and [plaintiff], fully released and discharged them from liability on account of the collisionf.]”); Houghton v. Harris, 243 N.C. 92, 94 , 89 S.E.2d 860, 862 (1955) (“On the same day plaintiff Harris executed two releases].]”). 2009Cothran and [plaintiff], fully released and discharged them from liability on account of the collisionf.]”); Houghton v. Harris, 243 N.C. 92, 94 , 89 S.E.2d 860, 862 (1955) (“On the same day plaintiff Harris executed two releases].]”).	1	1
Bolton Corp. v. T. A. Loving Co.green nc · 1986 · cited in 1 North Carolina opinions naming this issue, 2009–2009 2 sentences 2009A. Loving Co., 317 N.C. 623, 625 , 347 S.E.2d 369, 370 (1986) (“On 21 February 1984, without approval of the plaintiff, Aetna paid $136,445.29 to the defendant and obtained from the defendant a ‘Release in Full’ executed by the defendant’s Executive Vice-President.”), review denied, 325 N.C. 545 , 385 S.E.2d 496 (1989); Keith v. Glenn, 262 N.C. 284, 287 , 136 S.E.2d 665, 668 (1964) (“[Plaintiff] deliberately elected to plead: ‘That the receipt of the sum of $1,250.00 and the execution of said release was in compromise and settlement of a disputed claim[.]”); Bradford v. Kelly, 260 N.C. 382, 38 2009A. Loving Co., 317 N.C. 623, 625 , 347 S.E.2d 369, 370 (1986) (“On 21 February 1984, without approval of the plaintiff, Aetna paid $136,445.29 to the defendant and obtained from the defendant a ‘Release in Full’ executed by the defendant’s Executive Vice-President.”), review denied, 325 N.C. 545 , 385 S.E.2d 496 (1989); Keith v. Glenn, 262 N.C. 284, 287 , 136 S.E.2d 665, 668 (1964) (“[Plaintiff] deliberately elected to plead: ‘That the receipt of the sum of $1,250.00 and the execution of said release was in compromise and settlement of a disputed claim[.]”); Bradford v. Kelly, 260 N.C. 382, 38	1	1
Cannon v. Parkergreen nc · 1958 · cited in 1 North Carolina opinions naming this issue, 2009–2009 2 sentences 2009A. Loving Co., 317 N.C. 623, 625 , 347 S.E.2d 369, 370 (1986) (“On 21 February 1984, without approval of the plaintiff, Aetna paid $136,445.29 to the defendant and obtained from the defendant a ‘Release in Full’ executed by the defendant’s Executive Vice-President.”), review denied, 325 N.C. 545 , 385 S.E.2d 496 (1989); Keith v. Glenn, 262 N.C. 284, 287 , 136 S.E.2d 665, 668 (1964) (“[Plaintiff] deliberately elected to plead: ‘That the receipt of the sum of $1,250.00 and the execution of said release was in compromise and settlement of a disputed claim[.]”); Bradford v. Kelly, 260 N.C. 382, 38 2009A. Loving Co., 317 N.C. 623, 625 , 347 S.E.2d 369, 370 (1986) (“On 21 February 1984, without approval of the plaintiff, Aetna paid $136,445.29 to the defendant and obtained from the defendant a ‘Release in Full’ executed by the defendant’s Executive Vice-President.”), review denied, 325 N.C. 545 , 385 S.E.2d 496 (1989); Keith v. Glenn, 262 N.C. 284, 287 , 136 S.E.2d 665, 668 (1964) (“[Plaintiff] deliberately elected to plead: ‘That the receipt of the sum of $1,250.00 and the execution of said release was in compromise and settlement of a disputed claim[.]”); Bradford v. Kelly, 260 N.C. 382, 38	1	1
Canady v. Manngreen ncctapp · 1992 · cited in 1 North Carolina opinions naming this issue, 1997–1997 1 sentence 1997See Canaday v. Mann, 107 N.C.	1	1
Sloan v. Burrowsgreen mass · 1970 · cited in 1 North Carolina opinions naming this issue, 1984–1984 2 sentences 1984See Sloan v. Burrows, 357 Mass. 412 , 258 N.E. 2d 303 (1970). 1984See Sloan v. Burrows, 357 Mass. 412 , 258 N.E. 2d 303 (1970).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (19)

Case	Cited	Years
Barber v. White green ncctapp · 1980 2 sentences 1990Barber v. White, 46 N.C. 1985Barber v. White, 46 N.C.	3	1983–1990
Penn Dixie Lines, Inc. v. Grannick green nc · 1953 2 sentences 2010While Dixie Lines stands for the general proposition that "[t]he law favors the settlement of controversies out of court[,]" id. at 555 , 78 S.E.2d at 413 , it does not address whether settlement of a disputed claim is a substantial right the loss of which entitles a party to immediate review of an interlocutory order. 2010While Dixie Lines stands for the general proposition that "[t]he law favors the settlement of controversies out of court[,]" id. at 555 , 78 S.E.2d at 413 , it does not address whether settlement of a disputed claim is a substantial right the loss of which entitles a party to immediate review of an interlocutory order.	2	1975–2010
Stein v. . Levins neutral nc · 1933 2 sentences 1984Stein v. Levins, 205 N.C. 302 , 171 S.E. 96 (1933). 1984Stein v. Levins, 205 N.C. 302 , 171 S.E. 96 (1933).	2	1970–1984
McGill v. Bison Fast Freight, Inc. green nc · 1957 2 sentences 1975Index 2d, Compromise and Settlement, § 1, p. 160; Keith v. Glenn, 262 N.C. 284 , 136 S.E. 2d 665 (1964), and cases there cited; McGill v. Freight, 245 N.C. 469 , 96 S.E. 2d 438 (1957) ; Dixie Lines v. Grannick, 238 N.C. 552 , 78 S.E. 2d 410 (1953) ; Askew’s, Inc. v. Cherry, 11 N.C. 1975Index 2d, Compromise and Settlement, § 1, p. 160; Keith v. Glenn, 262 N.C. 284 , 136 S.E. 2d 665 (1964), and cases there cited; McGill v. Freight, 245 N.C. 469 , 96 S.E. 2d 438 (1957) ; Dixie Lines v. Grannick, 238 N.C. 552 , 78 S.E. 2d 410 (1953) ; Askew’s, Inc. v. Cherry, 11 N.C.	2	1973–1975
Bolton Corp. v. T. A. Loving Co. neutral nc · 1989 2 sentences 2009A. Loving Co., 317 N.C. 623, 625 , 347 S.E.2d 369, 370 (1986) (“On 21 February 1984, without approval of the plaintiff, Aetna paid $136,445.29 to the defendant and obtained from the defendant a ‘Release in Full’ executed by the defendant’s Executive Vice-President.”), review denied, 325 N.C. 545 , 385 S.E.2d 496 (1989); Keith v. Glenn, 262 N.C. 284, 287 , 136 S.E.2d 665, 668 (1964) (“[Plaintiff] deliberately elected to plead: ‘That the receipt of the sum of $1,250.00 and the execution of said release was in compromise and settlement of a disputed claim[.]”); Bradford v. Kelly, 260 N.C. 382, 38 2009A. Loving Co., 317 N.C. 623, 625 , 347 S.E.2d 369, 370 (1986) (“On 21 February 1984, without approval of the plaintiff, Aetna paid $136,445.29 to the defendant and obtained from the defendant a ‘Release in Full’ executed by the defendant’s Executive Vice-President.”), review denied, 325 N.C. 545 , 385 S.E.2d 496 (1989); Keith v. Glenn, 262 N.C. 284, 287 , 136 S.E.2d 665, 668 (1964) (“[Plaintiff] deliberately elected to plead: ‘That the receipt of the sum of $1,250.00 and the execution of said release was in compromise and settlement of a disputed claim[.]”); Bradford v. Kelly, 260 N.C. 382, 38	1	2009–2009
Wrenn v. Byrd green nc · 1996 1 sentence 2005App. 768 , 463 S.E.2d 584 (1995) (cashing of a check tendered in full payment of a disputed claim establishes an accord and satisfaction as a matter of law and the claim is extinguished, regardless of any disclaimers which may be communicated by payee), disc. review denied , 342 N.C. 666 , 467 S.E.2d 738 (1996). 5.	1	2005–2005
Poole v. Miller green nc · 1996 1 sentence 2005App. 768 , 463 S.E.2d 584 (1995) (cashing of a check tendered in full payment of a disputed claim establishes an accord and satisfaction as a matter of law and the claim is extinguished, regardless of any disclaimers which may be communicated by payee), disc. review denied , 342 N.C. 666 , 467 S.E.2d 738 (1996). 5.	1	2005–2005
Lynch v. Hazelwood green nc · 1985 1 sentence 1992We also agree with defendants that the trial court erred in finding that defendants waived the right to demand arbitration by delaying the demand for arbitration “until after pursuing other motions and after plaintiff had incurred attorneys fees of $3,040.00, which the court finds were substantial.” In Cyclone Roofing Co. v. LaFave Co., 312 N.C. 224 , 321 S.E.2d 872 (1984), the North Supreme Court addressed the issue of waiver: Because of the reluctance to find waiver, we hold that a party has impliedly waived its contractual right to arbitration if by its delay or by actions it takes which ar	1	1992–1992
Cyclone Roofing Co. v. David M. LaFave Co. green nc · 1984 1 sentence 1992We also agree with defendants that the trial court erred in finding that defendants waived the right to demand arbitration by delaying the demand for arbitration “until after pursuing other motions and after plaintiff had incurred attorneys fees of $3,040.00, which the court finds were substantial.” In Cyclone Roofing Co. v. LaFave Co., 312 N.C. 224 , 321 S.E.2d 872 (1984), the North Supreme Court addressed the issue of waiver: Because of the reluctance to find waiver, we hold that a party has impliedly waived its contractual right to arbitration if by its delay or by actions it takes which ar	1	1992–1992
Allgood v. Wilmington Savings & Trust Company green nc · 1955 1 sentence 1992“The cashing of a check tendered in full payment of a disputed claim establishes an accord and satisfaction as a matter of law. . . . [T]he claim is extinguished, regardless of any disclaimers which may be communicated by the payee.” Id. at 566 , *258 302 S.E.2d at 894 (citation omitted).	1	1992–1992
Olive v. Great American Ins. green nc · 1985 1 sentence 1988App. 115, 117 , 331 S.E. 2d 738, 740 , disc. rev. denied, 314 N.C. 668 , 336 S.E. 2d 496 (1985).	1	1988–1988
Harrell v. JP Stevens & Co., Inc. neutral ncctapp · 1981 1 sentence 1987Harrell v. Stevens & Co., 54 N.C.	1	1987–1987
State v. Bennett neutral ncctapp · 1982 2 sentences 1983Defendant not having requested an instruction conference, he cannot assert as error the trial court’s failure to conduct one, nor did this conduct of the trial court excuse defendant’s failure to enter a contemporaneous objection to the disputed instruction. 59 N.C. 1983App. at 423-24 , 297 S.E. 2d at 141 . 2 As to defendant’s contention that he was not given an opportunity to object outside the hearing of the jury, the Court stated: [T]he trial court’s inquiry was sufficient to provide defendant an opportunity to approach the court and object outside the hearing of the jury and therefore constituted substantial compliance with that portion of Rule 21 which requires an opportunity to object outside the hearing of the jury.	1	1983–1983
Walker v. . Burt neutral nc · 1921 2 sentences 1983Accord and Satisfaction § 1 (1936); Walker v. Burt, 182 N.C. 325 , 109 S.E. 43 (1921). 1983Accord and Satisfaction § 1 (1936); Walker v. Burt, 182 N.C. 325 , 109 S.E. 43 (1921).	1	1983–1983
Moore v. Greene green nc · 1953 2 sentences 1980For example, in Moore v. Greene, 237 N.C. 614 , 75 S.E. 2d 649 (1953), the plaintiff creditor, having expressed to the debtor his dissatisfaction with the amount tendered in the check marked “For Settlement,” proceeded to cash the check. 1980For example, in Moore v. Greene, 237 N.C. 614 , 75 S.E. 2d 649 (1953), the plaintiff creditor, having expressed to the debtor his dissatisfaction with the amount tendered in the check marked “For Settlement,” proceeded to cash the check.	1	1980–1980
Askew's, Inc. v. Cherry green ncctapp · 1971 1 sentence 1975Index 2d, Compromise and Settlement, § 1, p. 160; Keith v. Glenn, 262 N.C. 284 , 136 S.E. 2d 665 (1964), and cases there cited; McGill v. Freight, 245 N.C. 469 , 96 S.E. 2d 438 (1957) ; Dixie Lines v. Grannick, 238 N.C. 552 , 78 S.E. 2d 410 (1953) ; Askew’s, Inc. v. Cherry, 11 N.C.	1	1975–1975
Eastern Steel Products Corporation v. Chestnutt green nc · 1960 2 sentences 1969Products Corporation v. Chestnutt, 252 N.C. 269 , 113 S.E. 2d 587 . 1969Products Corporation v. Chestnutt, 252 N.C. 269 , 113 S.E. 2d 587 .	1	1969–1969
First National Bank v. Michael neutral nc · 1887 1 sentence 1923Bank v. Hatcher, 151 N. C., 359 ; Bank v. Michael, 96 N. C., 53 ; Chicago R.	1	1923–1923
Bank of Sampson v. Hatcher green nc · 1909 1 sentence 1923Bank v. Hatcher, 151 N. C., 359 ; Bank v. Michael, 96 N. C., 53 ; Chicago R.	1	1923–1923

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 134 (1859–2024) CA 111 (1900–2024) LA 101 (1937–2025) TX 62 (1901–2025) GA 62 (1906–2024) PA 46 (1829–2025) OR 44 (1892–2025) NJ 42 (1884–2026) IL 40 (1906–2025) OH 31 (1927–2023) FL 29 (1959–2025) CT 29 (1877–2022) WA 27 (1862–2022) MA 27 (1931–2025) MN 26 (1903–2025) MI 25 (1901–2021) NC 24 (1923–2012) WI 22 (1884–2020) DC 21 (1960–2025) AL 21 (1875–2010) VA 20 (1923–2025) MD 20 (1949–2021) MS 19 (1985–2022) IN 18 (1907–2024) AR 16 (1885–2017) MO 15 (1905–2011) NE 14 (1890–2023) WV 13 (1923–2018) IA 12 (1892–2025) CO 11 (1886–2024) VT 11 (1871–2013) UT 10 (1983–2024) OK 9 (1926–2000) SD 9 (1928–2020) AZ 9 (1950–2021) ND 9 (1997–2024) KS 9 (1920–2026) NM 8 (1923–2023) ID 8 (1912–2019) RI 8 (1917–2010) HI 7 (1956–2021) KY 7 (1941–2024) MT 7 (1900–2017) NH 6 (1902–2018) SC 4 (1934–2026) ME 4 (1911–2010) AK 3 (1981–1999) DE 3 (1934–1969) TN 2 (1999–2018) WY 2 (2007–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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