 The taking of the note was no extinguishment of the debt due for the rent. It is a rule well settled and repeatedly recognized in this court that taking a note either of the debtor or of a third person for a pre-existing debt is no payment, unless it...  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 87by Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1875Full view - About this book
 | New York (State). Supreme Court, Esek Cowen - Law reports, digests, etc - 1824 - 828 pages
...Son, alone, for payment. Now no principle of law is better settled, than that taking a note either from one of several joint debtors, or from a third...full of the original debt, amount to evidence of such ext. press agreement to take the note in payment. The agree307 of Marshall, Ch. J. 264.) Giving a prolonged... | |
 | John Bayley - Negotiable instruments - 1836 - 700 pages
...that taking a note from one of several joint debtors or from a third ptrson, for a pre-existing deht, is no payment, unless it be expressly agreed to be...such express agreement to take the note in payment. Jenkins and Son gave their note as the agents of the defendants. It was their note in judgment of law;... | |
 | David Price Belknap - Forms (Law) - 1860 - 778 pages
...however, could recover the principal and interest expressed.8 Giving a note either of the debtor or of a third person, for a pre-existing debt, is no payment, unless it be expressly agreed to i' 10 CaL 888. • 8 Id. 109 ; B Id. 57T. take the note as payment, and to run the risk of its being... | |
 | Theron Metcalf, Jonathan Cogswell Perkins - Law reports, digests, etc - 1863 - 794 pages
...being shown that it was written before delivery. Heywood v. Perrin, 10 Pick. 228. 845. Taking a note for a preexisting debt is no payment, unless it be expressly agreed to take it as such. Muldon v. Wliitlock, 1 Cow. 290. 846. And although a receipt be given for the note... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 810 pages
...Supreme Ct., 1802, Herring v. Sanger, 3 Johns. Cos., 71. 57. Taking a note, either of the debtor or of a third person, for a pre-existing debt, is no payment, unless it be expressly agreed to take the note as payment, and to run the risk of its being paid ; or unless the creditor parts with... | |
 | Joseph S. Bosworth, New York (State). Superior Court (New York) - Law reports, digests, etc - 1865 - 776 pages
...discharged or not. (Olcott v. Ratlibone, 5 Wend., 490.) V. The taking of a note from one of several debtors, or from a third person for a pre-existing debt, is no payment, unless it is expressly agreed to as such. (Muldon v. Whitlock, 1 Cow., 306; Edwards on Bills, 192, 193; Kean... | |
 | New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868 - 1050 pages
...well settled, and repeatedly recognized in this Court, that taking a note either of a debtor or of a third person for a pre-existing debt is no payment, unless it be expressly agreed to take the note as payment, and to run the risk of its being paid." The Court in its opinion refers to... | |
 | Austin Abbott - Civil procedure - 1869 - 600 pages
...well settled, and repeatedly recognized in this court, that taking a note either of a debtor or of a third person for a pre-existing debt is no payment, unless it be expressly agreed to take the note as payment, and to run the risk of its being paid." The court in its opinion refers to... | |
 | Charles W. Langdon - Constables - 1870 - 858 pages
...of it in discharge of the debt. 21 Cal. 388, 389. SEC. 38. Taking a note, either of the debtor or of a third person, for a pre-existing debt, is no payment, unless it be expressly agreed to take the note as payment, and to run the risk of its being paid ; or, unless the creditor parts with... | |
 | Calvin Townsend - Commercial law - 1871 - 620 pages
...constitute a payment of the note* § 343. — 3. Debtor's Note. — Taking a note either of the debtor or a third person, for a pre-existing debt, is no payment, unless it be expressly agreed to take the note as payment, and to run the risk of its being paid ; or unless the creditor parts with... | |
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