1. NOVATION.
- Author
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Ames, J. B.
- Subjects
- *
NOVATION , *CIVIL law , *DEBTOR & creditor , *CIVIL procedure , *LEGAL notice , *EXTINGUISHMENT of debts - Abstract
This article presents information related to novation. Novation in the Roman law was effected by the stipulation. But there is nothing in our law corresponding to the Roman stipulation. Novation, by a change in the form of the obligation, as by the substitution of a specialty for a simple contract, has existed in English law from time immemorial under the name of merger. The first step towards the modern novation is illustrated by the case of Roe v. Haugh (1697). The count alleged that B was indebted to C in the sum of 42 dollars and that A, in consideration that C would accept A as his debtor for the 42 dollar in the room of B, undertook and promised C to pay him the said 42 dollar and that C, trusting to A's promise, accepted A as his debtor. But there was no averment that C discharged B.
- Published
- 1892
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