Green v. Lockwood's Adm'r

Superior Court of Delaware

Green v. Lockwood's Adm'r

1 Del. 331

Superior Court of Delaware·Decided July 5, 1834·Published

Opinion

Per curiam.

The plea is payment. Under it you cannot discharge this sealed instrument by proof of any paroi understanding. Proof of any such agreement to release or discharge the obligation of Lockwood is therefore inadmissible.

The case was argued on the presumption of payment from lapse of time; but

The Court said

It was but eleven years from the last payment to the commencement of the action; and this length of time can never afford a presumption of payment.

Verdict for plaintiff.

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Per curiam.

The plea is payment. Under it you cannot discharge this sealed instrument by proof of any paroi understanding. Proof of any such agreement to release or discharge the obligation of Lockwood is therefore inadmissible.

The case was argued on the presumption of payment from lapse of time; but

The Court said

It was but eleven years from the last payment to the commencement of the action; and this length of time can never afford a presumption of payment.

Verdict for plaintiff.

Green v. Lockwood's Adm'r, 1 Del. 331 (Del. Ct. App. 1834).

Pincite

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