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" 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 be expressly agreed to take the note as payment, and to run the risk of its... "
A Practical Treatise on Pleading, in Assumpsit - Halaman 36
oleh Edward Lawes, Joseph Story - 1811 - 621 halaman
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A Practical Treatise on Bills of Exchange: Checks on Bankers, Promissory ...

Joseph Chitty - 1821 - 764 halaman
...allowed for the payment of it. Tobey v. Barber. The creditor is not obliged to sue upon such note ; he may return it when dishonoured, and resort to his original demand. It therefore only postpones the time of payment of the old debt until u default be made in the payment...
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A Practical Treatise on Bills of Exchange: Checks on Bankers, Promisory ...

Joseph Chitty - 1826 - 653 halaman
...part with the note or bill, or if it be the note or acceptance of a third person, and the creditor be guilty of laches in not presenting it for payment in due time, it will discharge the debtor from th; original debt. Tobey v. Barber. And the same rules apply to a...
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Reports of Cases Argued and Determined in the Courts of ..., Volume 1-3

Great Britain. Court of Exchequer, Edward Younge - 1828
...defendant depended solely upon the cheque, upon which the plaintiffs could not recover, as they had been guilty of laches, in not presenting it for payment in due time. To this it was answered, that the cheque was a nullity, being unstamped and not within the exemption...
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The American Jurist and Law Magazine, Volume 8

1832
...pre-existing debt, is no payment or extinguishment of such debt, unless the creditor parts with it, or is guilty of laches in not presenting it for payment in due time. Ib. 12. In either of the above cases, an express agreement by the creditor to receive the note or bill...
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The Law of Nisi Prius: Being Reports of Cases Determined at Nisi Prius, in ...

New York (State). Supreme Court, John Anthon - 1854 - 415 halaman
...agreed to tnke the note as payment, and then run the risk of its heing paid ; or unless the creditor parts with the note, or is guilty of laches in not presenting it for payment in due time. lie is not ohliged to sue upon it; he moy return it when dishonored, and resort to his original demand....
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Bancroft's California Lawyer and Book of Forms: Containing Instructions for ...

David Price Belknap - 1860 - 763 halaman
...B Id. 57T. take the note as payment, and to run the risk of its being paid ; or unless the creditor parts with the note, or is guilty of laches in not...not obliged to sue upon it. He may return it when dishonored and resort to his original demand. It only postpones the time of the payment of the old...
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A Digest of New York Statutes and Reports: From the Earliest ..., Volume 4

Benjamin Vaughan Abbott, Austin Abbott - 1864
...agreed to take the note as payment, and to run the risk of its being paid ; or unless the creditor parts with the note, or is guilty of laches in not presenting it for payment in due time. He ia not obliged to sue upon it. He may return it when dishonored, and resort to his original demand....
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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - 1870 - 850 halaman
...agreed to take the note as payment, and to run the risk of its being paid ; or, unless the creditor parts with the note or is guilty of laches in not...not obliged to sue upon it ; he may return it when dishonored and resort to his original demand. It only postpones the time of payment of the old debt...
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A Compendium of Commercial Law: Analytically and Topically Arranged, with ...

Calvin Townsend - 1871 - 587 halaman
...agreed to take the note as payment, and to run the risk of its being paid ; or unless the creditor parts with the note, or is guilty of laches in not...not obliged to sue upon it. He may return it when dishonored, and resort to his original demand. It only postpones the time of payment of the old debt...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 12

West Virginia. Supreme Court of Appeals - 1878
...expressly agreed to take the note as payment and to run the risk of its being paid, or unless the creditor parts with the note or is guilty of laches in not presenting it for payment in due time. The court said : "He is not obliged to sue upon it. He may return it when dishonored and resort to...
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