21 Iowa 140 | Iowa | 1866
Wheeler & Van Winkle were before bound to pay the debt. Their new promise gave to tbe plaintiffs nothing tbat they did not before possess. Tbe terms, time or amount of tbe indebtedness to. tbe plaintiffs were in no way altered.
Tbe appellant is not shown to have parted with any security or to have acted 'upon the faith of tbe promise to release bim, for, as before remarked, it is not clearly alleged tbat tbe promise to release tbe appellant was made directly to him. Under these circumstances, tbe promise to release was without consideration ; the new promise is not without execution, to be taken as á satisfaction of tbe old liability. By the force of the authorities in this State and elsewhere, we must affirm the ruling of the court below. Frentress v. Markle, 2 G. Greene, 533, directly in point, and see also Hall v. Smith, 10 Iowa, 45; S. C., 15 Id., 584; Harrison v. Close, 2 Johns., 448; Mitchell v. Hawley, 4 Denio., 414; 3 Am. Law Reg. (N. S.) art. Accord and Satisfaction, p. 65, et seq.; Story on Cont., 982 a; 2 Pars. on Cont., 194, 195.
Affirmed.