Parlor City Lumber Co. v. Sandel

■I favor the granting of a rehearing in this case because it appears to me that, in the opinion that was rendered on the original hearing, we did not observe the distinction between fhe discharging of a debt represented by a negotiable instrument and the renouncing of a claim represented by a negotiable instrument. It is said in the original opinion rendered in this case:

“It is contended by plaintiff that the discharge of a negotiable instrument must be in writing unless the instrument is delivered up to the person primarily liable thereon.”

The plaintiff in this case does not contend that the…