A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The Northwestern Reporter - Page 4041917Full view - About this book
| New York (State). Commissioners of the Code, New York (State). - 1865 - 896 pages
...742. A general release does not extend to claims certain •" '^ claims not which the creditor did not know or suspect to exist in his favor, at the time of executing the release. *• ?cv'e?iL0 of <§ 743. A release of oue of two or more joint debtors i°ehtor«. does not extinguish... | |
| California - 1874 - 524 pages
...forty-two of said Code is amended to read as follows: Section Fifteen Hundred and Forty-two. A general General release does not extend to claims which the...materially affected his settlement with the debtor. SEC. 190. Section sixteen hundred and twenty-four of said Code is amended to read as follows: Section... | |
| California - 1876 - 612 pages
...creditor, upon a new consideration, or in writing, with or without new consideration. 67 Cal. 49. § 1542. A general release does not extend to claims which the creditor does not know or snspect to exist in his favor at the time of executing the release, which if known by him mnst have... | |
| 1923 - 1220 pages
...release does not extend to claims not known or suspected. Under Civ. Code, § 1542, declaring that a general release does not extend to claims which...in his favor at the time of executing the release, such a release executed to a guardian and her attorney by the ward does not affect his claim, then... | |
| New York (State). - 1885 - 422 pages
...release does not extend to claims which *yegenerai the creditor did not know or have reason to believe to exist in his favor, at the time of executing the release. Release of several joint debtors. § t>61. A release of one of two or more joint debtors does not extinguish... | |
| California. Legislature - 1899 - 575 pages
...release does not extend to certain claims. SEC. 1542. A general release does not extend to claims 2 which the creditor does not "know or suspect to exist in his 3 favor at the time of executing the release, which if known by 4 him must have materially anected... | |
| California. Commission for Revision and Reform of the Law - 1899 - 586 pages
...release does not extend to certain claims. SEC. 1542. A general release does not extend to claims 2 which the creditor does not know or suspect to exist in his 3 favor at the time of executing the release, which if known by 4 him must have materially affected... | |
| James Henry Deering - 1900 - 892 pages
...release, it could not, under section 1542 of the Civil Code, extend to claims which the creditor did not know or suspect to exist in his favor at the time...materially affected his settlement with the debtor, nor is it material that his ignorance of the fact of Its existence was occasioned by his Ignorance... | |
| California - 1903 - 1240 pages
...Writing imports a consideration: Post, sec. 1614. §1542. Certain claims not affected by general release. A general release does not extend to claims which...time of executing the release, which if known by him oast, have materially affected his settlement with the ilebtor. En. March 21, 1872. Am'd. 1873-4, 241.... | |
| North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1917 - 740 pages
...to us to be pretty well supported by the authorities which we have cited. Section 5834, Comp. Laws 1913, reads : "A general release does not extend to...know or suspect to exist in his favor at the time of executingthe release, which, if known by him, must have materially affected his settlement with the... | |
| |