 | Edward Lawes, Joseph Story - 1811 - 668 pages
...the note as payment, and to run the risk of its being paid ; or unless Uie credit' >~ parts with the note or is guilty of laches in not presenting it for...is not obliged to sue upon it He may return it when dishonoured, and resort to his original demand. It only postpones (hitime of payment of the old debt... | |
 | New York (State). Supreme Court, Esek Cowen - 1824 - 828 pages
...payment, unless it be expressly agreed to take u as such> and to run the risk of its being Paid- !t only postpones the time of payment of the old debt,...until a default be made in the payment of the note ; that the inference arising from a receipt is not enough to establish an agreement to take the note... | |
 | Joseph Chitty - 1826 - 710 pages
...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... | |
 | Edward Younge, Great Britain. Court of Exchequer, John Jervis - 1828 - 638 pages
...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... | |
 | 1832 - 512 pages
...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... | |
 | New York (State). Supreme Court, John Anthon - 1854 - 442 pages
...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.... | |
 | David Price Belknap - 1860 - 778 pages
...may return it when dishonored and resort to his original demand. It only postpones the time of the payment of the old debt until a default be made in the payment of the note.1 When a promissory note is payable three months after date, with interest at the rate of per... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 pages
...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.... | |
 | Massachusetts. Supreme Judicial Court - 1869 - 696 pages
...made in the payment." In Tobey v. Barber, 5 Johns. 68, it was said by the court, that " taking a note only postpones the time of payment of the old debt...until a default be made in the payment of the note ; " and again, in Putnam v. Lewis, 8 Johns. 'J89, it was said : " Giving the note " for a book debt... | |
 | Charles W. Langdon - 1870 - 858 pages
...the note, or is guilty of some laches in not presenting it in due time. He is not obliged to sue on it; he may return it when dishonored, and resort to...postpones the time of payment of the old debt until default is made in the payment of the note. 8 Cal. 506. SEC. 35. Where a note is executed for the amount... | |
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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 being paid; or unless the creditor parts with the note,... 
