Oakland County v. Allen

I concur in the opinion of Mr. Justice Sharpe.

The bond pledged payment. This prevented bar by novation. Defendants’ obligation continues until payment, with right of credit for moneys received by plaintiff from the liquidating bank.

Defendants plead estoppel by novation without satisfaction of their obligation.

It was plaintiff’s duty to collect where it could and thus protect defendants and this duty performed did not operate as an estoppel to the release of defendants.