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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.
Document Info
Citation Numbers: 1 Del. 331
Judges: <italic>Per curiam.</italic>
Filed Date: 7/5/1834
Precedential Status: Precedential
Modified Date: 10/19/2024