Mangum v. . Simms
Supreme Court of North Carolina
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
- Estate of Barrett, Superior Court of California, County of San Francisco1899
- Gordon v. Finlay.Supreme Court of North Carolina · 1824