 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 ... - Halaman 189oleh Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1882Tampilan utuh - Tentang buku ini
 | New York (State). Supreme Court, Esek Cowen - 1824 - 828 halaman
...plaintiffs, to look to Frederick Jenkins fy Son, alone, for payment. Now no principle of law is better settled, than that taking a note either from one of...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 - 1836 - 700 halaman
...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 - 1860 - 778 halaman
...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 - 1863 - 794 halaman
...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 - 1864 - 810 halaman
...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... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 halaman
...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 - 1869 - 600 halaman
...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 - 1870 - 858 halaman
...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 - 1871 - 620 halaman
...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... | |
 | West Virginia. Supreme Court of Appeals - 1878 - 976 halaman
...Supreme Court of New York, in 1809, treat it as well settled that 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 the... | |
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