Monroes Digest of Standard Decisions of the Courts of Last Resort of the United
Monroes Digest of Standard Decisions of the Courts of Last Resort of the United
James H Monroe
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Neal, 24 Ga. 346. 1536. Where, in an agreement for an extension of the time of payment made between a creditor and the principal debtor, the right to proceed against the surety is reserved, such agreement is held to be conditional upon the assent of the surety, and he is not discharged thereby. Nat. Bank v. Bigler, 83 N. Y. 51. 1537. Creditor who has loaned money to a corporation in excess of what constitution authorized it to borrow cannot have a decree for return of the specific money if used... for public works, nor has he a lien on those works. Litchfield v. Ballon, 114 U. S. 190. 1538. Such an order does not import that the debt so acknowledged is only to be paid out of the fund against which it is drawn. Ibid. 1539. To constitute an acknowledgment of a debt, such as will- take it out of the statute, the writing must acknowledge an existing debt, and must contain nothing inconsistent with an intention on the part of the debtor to pay. Ibid. 1540. Oral evidence, however may be resorted to, as in other cases- of written instruments in aid of the interpretation.
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