Illustrative Cases in Contracts

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559 ; Voorhees v. Woodhull's Ex'rs, Court of Errors, March Term, 1869, 4 Vroom, 494.
The relinquishment of a security deposited by a debtor with his creditor as collateral security for a debt, which was after- wards discharged by a composition deed, is no consideration for a promise by the debtor to pay the residue of the debt be- yond the amount of the composition ; the debt being released and the debtor entitled to the return of the security, the cred- 374 ILLUSTRATIVE CASES itor cannot make
...its surrender a consideration of a new promise: Cowper V. Green, 7 M. & W. 633 ; McDonald v. ISTeilson, 2 Cow.
140 ; Crosby v. Wood, 2 Seld. 369.
In this case the Conovers, at the making of this contract, were under a prior legal obligation, by virtue of the mortgage given for a portion of the purchase-money, to pay the money which they were induced to pay by the defendant's undertaking.
The performance of this obligation neither gave the defen- dant nor the assignee of the mortgage a benefit to which he was not previously entitled, nor did it deprive the Conovers of anything which they were not previously bound to render.


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