Superior Court of Delaware, 1834

Green v. Lockwood's Adm'r

Green v. Lockwood's Adm'r
Superior Court of Delaware · Decided July 5, 1834 · <italic>Per curiam.</italic>
1 Del. 331

Counsel

Bates and Frame for plaintiff. Ridgely and Huffington for defendant.

Green v. Lockwood's Adm'r

Opinion of the Court

Per curiam.

The plea is payment. Under it you cannot discharge this sealed instrument by proof of any paroi understanding. Proof of any such agreement to release or discharge the obligation of Lockwood is therefore inadmissible.

The case was argued on the presumption of payment from lapse of time; but

The Court said

It was but eleven years from the last payment to the commencement of the action; and this length of time can never afford a presumption of payment.

Verdict for plaintiff.

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