COSTS — Costs from earlier litigation assessed and paid — costs later reduced upon review — action for recovery of overpayment — whether initial payment was part of accord and satisfaction so as to preclude recovery of overpayment — held: payment was not part of an accord and satisfaction but was made to discharge the liability created by first costs assessment
ASSIGNMENT OF DEBT — assignment of debt said to be owing by cross-defendant to a trust — whether a debt was in fact owed by cross-defendant to trust — whether a deed setting out commercial arrangements imposed a personal obligation on cross-defendant to fund part of losses of the trust — general principles of interpretation of commercial agreements — held: deed imposed no obligation on cross defendant personally — held: no right of recovery by trustee against cross-defendant — no debt capable of assignment to cross-claimant