In re the Estate of Patterson

Opinion delivered August 3, 1874, by

Walker, J.

Exception to the confirmation of the auditor’s report in this case has been filed by Benjamin F. Taylor, on part of the Pottsville Safe Insurance and Trust Company; and the chief question raised by it is, whether the renewal of these promissory notes constitutes a payment of the debt for which the first notes were given.

As ruling this the counsel for the exceptant refers to Musgrove v. Gibbs, 1 Dallas, 216, and Slaymaker v. Gundacker, 10 S. & R. 82, which seem to sustain him, and in the absence of other and recent decisions should govern.

But the…