Legal Opinion

Mangum v. . Simms

Supreme Court of North Carolina

Decided January 5, 1814PublishedCited by 2 opinions

1Opinion of the Court

The question submitted is whether such receipt maintains either of the pleas. The acceptance of the account mentioned in this case cannot be considered as a payment of the debt. If it operates to the destruction of the demand, it must be by way of satisfaction. Had it been a payment made to one administrator, it would unquestionably have been good; for then it would have been the performance of the thing stipulated; it would not have rested its discharge of the debt on the agreement of the administration. A satisfaction is a very different thing; it is not the performance of the act…

2Cited by2 opinions

  1. Estate of Barrett, Superior Court of California, County of San Francisco1899
  2. Gordon v. Finlay.Supreme Court of North Carolina · 1824

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