 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 36oleh Edward Lawes, Joseph Story - 1811 - 621 halamanTampilan utuh - Tentang buku ini
 | Nathan Howard (Jr.), Rowland M. Stover - 1879 - 668 halaman
...be expressly agreed to take the note as payment, and to run the risk of its being paid. The holder is not obliged to sue upon it. He may return it when dishonored and resort to his original demand " (Toby agt. Barber, 5 John., 72 ; New York State Bank... | |
 | 1887 - 892 halaman
...agreed to take the note in payment, and run the risk of its being paid; or uuless the creditor part* with the note, or is guilty of laches in not presenting it for payment in doe time. It simply postpones payment of the old debt until a default is made in the payment of the... | |
 | 1889 - 908 halaman
...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...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... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1890 - 690 halaman
...to take the note as payment and to run the risk of its being paid, or unless a creditor parts with a note, or is guilty of laches in not presenting it...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... | |
 | Stewart Rapalje - 1891 - 1262 halaman
...are fewer in number than the original debtors. Niglitingale v. Chafee, 23 R. 531. Unless the creditor parts with the note, or is guilty of laches in not presenting it for payment in due time. It simply postpones payment of the old debt until a default is made in the payment of the note. Mitchell... | |
 | 1900 - 810 halaman
...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...not obliged to sue upon it. He may return it when dishonored, and resort to his original demand. Thornton v. Payne, 5 Johns. 74. This is the rule which... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1895 - 712 halaman
...unless it is expressly agreed that the note shall be taken as such payment, or unless the creditor parts with the note, or is guilty of laches in not presenting it for payment in due time. 2. PROMISSORY* NOTES — For Pre-existing Debts. — The taking of a promissory note for a pre-existing... | |
 | James Cockcroft, David Shephard Garland, Lucius Polk McGehee, Charles Porterfield - 1897 - 1218 halaman
...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. Ehvood v. Deifendorf, 5 Barb. (NY)398; Tobey v. Barber, 5 Johns. (NY) 72, 4 Am. Dec. 326; Muldon v.... | |
 | James Smith McMaster - 1904 - 784 halaman
...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 dn due time." The law recognizes nothing as payment except the payment of money, and, where it is claimed... | |
 | Abraham Clark Freeman - 1904 - 1152 halaman
...pre-existing debt is no payment, unless it ia expressly so agreed, or unless the creditor parts with thfr note, or is guilty of laches in not presenting it for payment: Mitchell v. Hackett, 25 Cal. 538, 85 Am. Dec. 151. CASES IN THE SUPREME COUET or MICHIGAN. McBRYAN... | |
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