(Download) "Ramsay Against Allegre" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Ramsay Against Allegre
- Author : United States Supreme Court
- Release Date : January 02, 1827
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
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Feb. 19th. The Attorney General and Mr. Meredith, for the appellant, argued, that the District Courts, proceeding as Courts of admiralty and maritime jurisdiction, might take cognizance of material suits by material men, either in personam or in rem.1 a The only question here was, whether the jurisdiction was waived by the appellant's taking the note as conditional payment. The note did not extinguish the debt, and, consequently, could not affect the jurisdiction which originally attached on account of the nature of the debt. Without some special agreement to consider the note as payment, it could not be so regarded. It only operated as a suspension of the remedy during the time allowed for its payment. If unpaid, the party might resort to his original right of action, as if no note had been given.2 b Such is the doctrine of the common law; and the civil law, which gave the rule to the admiralty, would be found in accordance. A novation is the substitution of a new for an old debt, by which the latter is extinguished. It may be made of a debt payable at a future day, or of a debt presently due, by a new engagement, allowing a term of credit. But the consent of the creditor must be positively declared, as the law will not presume that he means to abandon his rights under the first contract.3 c No authority or principle could be found to warrant the assertion, that, although the original contract in this case was not extinguished, the suspension of the right of action took away the jurisdiction of the admiralty, so that it could not again be resorted to.