Legal Opinion
In the Matter of Pamela A. West, Debtor-Appellee. Appeal of John R. Oltman
Court of Appeals for the Seventh Circuit
Decided May 3, 1994No. 93-3248PublishedCited by 37 opinions
1Opinion of the Court
MILLER, District Judge.
In Maryland Casualty Co. v. Cushing, 171 F.2d 257, 258-259 (7th Cir.1948), this court held that a promissory note generally does not discharge the debt for which it is given, but fully discharges the original debt if it is shown that the note was given and received as payment or waiver of the original debt and the parties agreed that the note was to substitute a new obligation for the old. Appellant John Oltman asks us to overrule Maryland Casualty in this bankruptcy case. We decline the invitation and affirm the district court.
I
After embezzling more than $100,000 while…
2Cases cited18 opinions
- Brown v. FelsenSupreme Court of the United States · 1979
- Jay GREENBERG, Plaintiff-Appellee, v. Carl SCHOOLS, Defendant-AppellantCourt of Appeals for the Eleventh Circuit · 1983
- Howard & Sons, Inc. v. Schmidt (In Re Schmidt)United States Bankruptcy Court, N.D. Indiana · 1986
- Maryland Casualty Co. v. CushingCourt of Appeals for the Seventh Circuit · 1948
- 22 Collier bankr.cas.2d 657, Bankr. L. Rep. P 73,274 in the Matter of James F. Bonnett and Linda J. Bonnett, Debtors. Appeal of National Bank of Petersburg and Illinois National Bank of SpringfieldCourt of Appeals for the Seventh Circuit · 1990
13 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Archer v. WarnerSupreme Court of the United States · 2003
- Richard E. Barber, Chapter 7 Trustee for Ostrom-Martin, Inc. v. Golden Seed Company, Inc.Court of Appeals for the Seventh Circuit · 1997
- In the Matter of C & S Grain Company, Incorporated, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1995
- United States v. John R. SpicerCourt of Appeals for the D.C. Circuit · 1995
- Ed Schory & Sons, Inc. v. Francis (In Re Francis)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
32 more not listed; retrieve them via the Exa API.