Welch v. Allington

Citations

• 23 Cal. 322

Syllabus

<p>A BEizra in debt to B, executes to him his promissory note for the amount due. A afterwards gives to B, C’s note for the same amount, and B surrenders up A’s note, which is destroyed. C’s note is not paid at maturity, and B sues A upon the original note, which had been given up : held, that the action could be maintained, as there was no express agreement between A and B that C’s note was to pay the debt, or that the note of A was to be extinguished by C’s note: keld, further, that the reception of C’s note, in the absence of any express agreement to the contrary, only operated as an extension of the time of payment of A’s note until the maturity of C’s.</p>