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· 8/6/1919

Mills v. McMillan

Citations

  • 78 Fla. 294
  • 82 So. 812

Syllabus

<p>1. A necessary element in notation, where there is a substitution of a new debtor, is the extinguishment 'of the original debt and the complete release of the debtor.</p> <p>2. In pleading discharge or release from an obligation by novation the plea should definitely aver the extinguishment of -the original debt as the Consideration for the promise of the new debtor, or such must be the necessary inference from the facts averred.</p> <p>3. Novation is not presumed from an assignment of a contract which carries an obligation to pay money.</p> <p>4. One of the essentials 'of novation is that the promise of the new debtor must be valid.</p>

Judges: Browne, Ellis, Taylor, West

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.