 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
 | 1905 - 984 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. Toby v. Barber (NY) 6 John*. 68, 72, 4 Am. Dec. 320.... | |
 | 1906 - 1822 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... | |
 | Wayland Everett Benjamin - 1906 - 602 halaman
...by the new agreement, the defense is perfect." EFFECT OF TAKING NOTE FOR DEBT,—Continued. creditor parts with the note, or is guilty of laches in not presenting it for payment." Elwood v. Deifendorf, 5 Barb. 398. Reehl v. Martens, 40 App. Div. 231; 57 NY Supp. 1059. Where a debtor... | |
 | Wallace Hugh Whigam - 1913 - 448 halaman
...expressly agreed to take the note as payment and run the risk of being paid, or unless the creditor parts with the note or is guilty of laches in not presenting it for payment in due time. 5. In W v. S, 6 Wall 80 (US), a note had been signed by a surety and thereafter the date had been changed... | |
 | William Mark McKinney, Burdett Alberto Rich - 1918 - 1564 halaman
...failure of payment of the note thus given or transferred,1:i unless the creditor parts with the note u or is guilty of laches in not presenting it for payment in due time,16 and the maker fails.1" Notice of dishonor is not essential to the debtor's liability unless... | |
 | William Mark McKinney - 1918 - 1444 halaman
...debt in the event of a failure of payment of the note thus given or transferred,18 unless the creditor parts with the note ** or is guilty of laches in not presenting it for payment in due time,15 and the maker fails.16 Notice of dishonor is not essential to the debtor's liability unless... | |
 | Illinois. Supreme Court - 1889 - 790 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 in due time." And it was held that the inference arising from the receipt was not enough to establish such a positive... | |
 | 1848 - 1086 halaman
...defendant depended solely upon the check, 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 check was a nullity, being unstamped, and nut •within the exemption... | |
 | California. Supreme Court - 1906 - 684 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... | |
 | California. Supreme Court - 1906 - 722 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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