 ... *That a note, without a special contract, would not, of itself, dis- r*o«4 charge the original cause of action, is not denied. But it is insisted, *that if, by express agreement, the note is received as payment, it satisfies the original contract,...  A Practical Abridgment of American Common Law Cases Argued and Determined in ... - Side 167av Jacob D. Wheeler - 1833Uten tilgangsbegrensning - Om denne boken
 | New York (State). Supreme Court, Esek Cowen - 1824 - 828 sider
...test, is also admitted by the case of Sheehy v. Mandajttfe, (6 Crunch, 253.) The Court there say, " The principle appears to be well settled. The note of...person, may. by agreement, be received in payment." (6 Crunch, 264, per Marshall, Ch. J.) To the same effect is Arnold v. Camp, and Toby v. Barber, which... | |
 | South Carolina. Court of Appeals, William Randolph Hill - 1834 - 498 sider
...is insisted that if, by express agreement the note is received as payment, it satisfies the original contract, and the party receiving it must take his remedy on it." '•The principle appears to be well settled. The note of one of the parties, or of a third person,... | |
 | William Johnson - 1853 - 488 sider
...original cause of action, yet if, by agreement, the note is received as payment, it satisfies the original contract, and the party receiving it must take his remedy on it. That case also shows, that the doctrine of nutlum pactum has no application to cases like the present;... | |
 | Florida. Supreme Court - 1887 - 738 sider
...argument used almost the same words as the judge in his charge in the case at bar, but the court says : "This principle appears to be well settled. The note...agreement, be received in payment. The doctrine of nudum pactuin does not apply to such a case; for a man may, if such be his will, discharge his debtor without... | |
 | West Virginia. Supreme Court of Appeals - 1878 - 976 sider
...is insisted that if by express agreement the note is received as payment, it satisfies the original contract and the party receiving it must take his...settled. The note of one of the parties or of a third party may by agreement be recieved in payment. The doctrine ofnudumpactum does not apply to such a... | |
 | United States. Supreme Court - 1882 - 866 sider
...express agreement, the note is received as payment, it satisfies the original contract, and the purty receiving it must take his remedy on it. This principle...agreement, be received in payment. The doctrine of nudum paetum does not apply to such a case ; for a man may, if such be his will, discharge his debtor without... | |
 | Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1882 - 718 sider
...debt, the note of a third person. In Sheehyv, MandevUle, 6 Cranch, 264, Chief Justice Marshall said : " This principle appears to be well settled. The note...agreement, be received in payment. The doctrine of nmlnm pactum does not apply to such a case, for a man may, if such be his will, discharge his debtor... | |
 | Judah Philip Benjamin - 1884 - 646 sider
...special contract would not of itself discharge the original cause of action, is not denied." " Sut the note of one of the parties or of a third person may, by agreement, be received in payment" The plea was therefore sustained. New Hampshire. — Jeffrey r. Cornish, 10 NH 505; Foster ». Hill, 36... | |
 | 1910 - 1164 sider
...by express agreement received in payment of a pre-existing indebtedness, it satisfies the original contract, and the party receiving it must take his remedy on it. [Ed. Note.— For other cases, see Payment, Cent. Dig. §§ 70-77; Dec. Dig. § 17.*] 3. PAYMENT (§... | |
 | 1906 - 1408 sider
...insisted that if, by express agreement, the note is received as payment, it satisfies the original contract, and the party receiving It must take his...agreement, be received in payment. The doctrine of uudum pactum does not apply to such a case, for a man may, If such be his will, discharge his debtor... | |
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