In Re Morton Allan Segall, Attorne

509 N.E. 2d 988 (1987)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Segall (D) incurred numerous credit card charges and with Carte Blanche and owed $12,837.62. A default judgment was entered against D for that amount plus costs, and D moved to vacate the judgment. While that motion was pending, D sent a check to Carte Blanche for $95.60 by passing represented counsel. Typed on the back of the check was a limitation that the check was payment in full for the $12,837.62 but only referenced his account number and not the amount owed. D also sent a release letter along with the check indicating that cashing the check released D from all claims by Carte Blanche. The first motion to vacate was denied. D then filed a second motion with a copy of the letter and the negotiated check; the trial court found no accord and satisfaction and dismissed the motion. D appealed; the appeals court affirmed. D also attempted the same scheme with Amoco for $11,238.16 but only sent them $48.76. A complaint was filed against D by the State Bar Disciplinary Commission.