Payment

The performance of a duty, promise or obligation or discharge of a debt or liability, by the delivery of money or other value. Also the money or other thing se delivered. Brady v. Wasson, 6 Heisk. (Tenn.) 135 ; Bloodworth v. Jacobs, 2 La. Ann. 24; Root v. Kelley, 39 Misc. Rep. 530, 80 N. Y. Snpp. 482; Moulton v. Robison, 27 N. H. 554; Clay v. Lakenan, 101 Mo. App. 563, 7f S. W. 391; Claflin v. Continental Works, 85 Ga. 27, 11 S. El 721; Huffmans v. Walker, 26 Grat. (Vat) 316. By "payment" is meant not only the delivery of a sum of money, when such is the obligation of the contract, but the performance of that which the parties respectively undertook, whether it be to give or to do. Civ. Code La. art. 2131. Performance of an obligation for the delivery of money only is called "payment" Civ. Code Cal. § 1478.

In pleading. When the defendant alleges that he has paid the debt or claim laid in the declaration, this is called a "plea of payment."

— Part payment. The reduction of any debt or demand by the payment of a sum less than the whole amount originally due. Young v. Perkins, 29 Minn. 173, 12 N. W. 515 ; Moffitt v. Carr, 48 Neb. 403, 67 N. W. 150, 58 Am. St. Rep. 696.

— Payment into court. In practice. The act of a defendant in depositing the amount which he admits to be due, with the proper officer of the court, for the benefit of the plaintiff and in answer to his claim.

— Voluntary payment. A payment made by a debtor of his own will and choice, as distinguished from one exacted from him by process of execution or other compulsion. Redmond v. New York, 125 N. Y. 632, 26 N. El 727; Rumford Chemical Works v. Ray, 19 R. I. 456, 34 Atl. 814 ; Taggart v. Rice, 37 Vt. 47; Maxwell v. Griswold, 10 How. 255, 13 L. Ed. 405.