A Treatise On Bills of Exchange And Promissory Notes By Issac Edwards
A Treatise On Bills of Exchange And Promissory Notes By Issac Edwards
Isaac Edwards
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, 493; 2 Watts, 121 ; 8 Greenl. , 298. 1 Brown v. Feeter, 7 Wend. R. , 301; 11 John. R. , 409. 1 Bank of England v. Newman, 1 Ld. Raym. , 442; 12 Mod. , 241. 4 Clark T. Young & Co. , 1 Cranch, 181; 6 Mod. , 147; Ward v. Evans, 1 Ld. Raym. , 928; Hickling v. Hardy, 7 Taunt. , 312; Bishop v. Rowe, 3 Maule and S. , 362; Smith v. Fenaud, 7 Bar. And C. , 19; Robinson v. Reed, 9 Bar. And C. , 449. * Harris v. Johnson, 3 Cranch, 811. PAYMENT BY NOTE OR BILL. 205 extinguished. Properly speaking, the ri...ght of action which has been suspended by the giving of a new credit, revives; the original liability remaining all the while undischarged, i The remedy only is affected by the taking of a bill on a debt due : thus, a common carrier has a lien upon the goods in his possession for the freight or price of transportation; but if he accepts a bill of exchange therefor, or a note, or otherwise gives a credit for the amount due, and delivers the goods, it is a relinquishment of his lien. 2 In one of the earlier cases decided in this state, the action was on an agreement to sell a quantity of flour for the note of one Lyon.
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