The opinion of the Court was delivered by
Davis, J.
The facts proved, and offered to be proved, do not constitute a consummated payment, or accord and satisfaction. The plaintiff having neglected or declined to carry out the arrangement, the Staekpole execution is still the property of the defendant. Exceptions overruled. Tenney, C. J., and Appleton, Cutting, May, and Kent, J. J., concurred.