Consolidated Edison Co. of New York, Inc. v. Arroll
Civil Court of the City of New York
322 N.Y.S.2d 420 (1971)
After disputing five Con Edison (plaintiff) bills, Arroll (defendant) sent letters stating he would pay $35 per disputed bill by check marked "paid in full," explicitly warning that cashing or retaining the checks would constitute full accord and satisfaction; Con Edison replied that the bills were accurate but never addressed the checks themselves, then deposited all five checks and later sued Arroll for the difference between the amounts billed and paid.
Whether, where a debtor pays part of a claim by check and clearly expresses an intent that the partial payment is in full satisfaction of the amount due, the creditor's cashing or retention of the check constitutes an accord and satisfaction of its claim.