Judge v. Fiske

Citations

• 29 S.C.L. 436

Syllabus

<p>1. Rent being due on a written lease, under seal, payable quarterly, the landlord accepted the notes of his tenant for the several quarters’ rent due, to be paid at future stated periods, and gave a receipt for them, as in full of rent when paid, but before any of the notes were due, destrained.</p> <p>2. The acceptance of the notes by the land lord operated as an agreement to suspend the right of distress until there was a default in payment, and this agreement was supported by a sufficient consideration.</p> <p>3. The mere making of a promissory note or bill is no satisfaction of a precedent debt. It operates to suspend the party’s right to sue on the old debt until there is a right of action on the new. And the reason of the rule makes it applicable to all classes of debts.</p> <p>4 The cases from 1 Nott & McCord, 187; 3 McCord, 484, and 4 ib. 544, held not to conflict with this decision.</p>