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>