Humphreys v. Vertner

Decided July 1, 1844

Mississippi Chancery Courts · decided 1844-07-01

This bill charges that complainant and John D. Yertner, now deceased, on the 10th January, 1838, gave their joint note to John Murdock for six thousand dollars, payable 10th January, 1839. That John D. Yertner was principal and complainant only security on said note. That Yertner gave a deed of trust or mortgage on certain negroes to secure the payment of the note, and that he wholly failed to pay it at' maturity or since.

Decided 1844-07-01

The Chancellor.

¶1The substitution of the note of Humphreys for that of Yertner, connected with the facts that Yertners note was delivered up to Humphreys, and the deed of trust assigned, abundantly prove that the note of Humphreys was received in satisfaction and discharge of Yertner’s liability to Murdock. But it is said that Humphreys has not paid the money due on the note. It was not *253necessary that the payment should have been made in money. It is sufficient that it was paid in any thing which Murdock was willing to receive in payment and discharge of his claim on Vertner. Inglas v. Dennett, 6 Greenleaf Rep. 79.

¶2Let the demurrer be overruled.