Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-03
COURT DECISIONS.
Notes of Cases Recently Decided,
Which are Of Interest to
\ Our People.
DIGESTED BY W. B. MARTIN,
Exclusively for. -Pilot.)

CUSHWA V. l.. K BUILDING ASSO.
Supreme Court OF Appeals. West Va
y MECHANICS LIEN Is NOT RE-
LEASED by HIS TAKING NOTES
FOR THE AMOUNT or HIS &C
COUNT PAYABLE WITHIN THE
TIME IN WHICH HE CAN EN-
FORCE HIS LIEN.
y NOTE Is NOT y PAYMENT OF \
PRIOR NOTE. UNLESS II BE so
EXPRESSLY AGREED, WHETHER
THE SECOND NOTE Is THAT OF
THE FIRST MAKER. OR OF A
STRANGER.
This was a suit for the adlninistra-
ton of the assets of an nsolvent cor
poration. Cpsiwa had Il mechanics lien
on lot OF said corporation, and the
building Association had deed OF
trust on the same lot There was Il
question of nriorities between the two.
ana the lower court held that the deed
oil trust was the first lien on the pro-
perty, and that the mechanics lien was
discharged by the taking Of three notes
by Cushwa payable four, tive and six
months respectively after their date.
From this decree Cushwa appealed
The court says
o>-or,,,,,i - !. ~ .d'u notee were
,,i,,1,, ,,, 80 80 H.''.cU' anu iecelp'
o.o,I ..i"t va: ~ .he loMoWihs
company. Martinsburg. w Va, three
thousand four hundred eighty 93-l0O
dollars G,4SO.93), for bin August Is, in
lu!l for contract ana extras except
mailing Office. lSignedl II. i. Cushwa
~ iro, yet this receipt was merely
prlma facic evidence of the fact there
IN stated. Upon this question we find
the law thus laid down: I'm regard TO
rccoipts, il is To be mated that thp, r,ny
be either mere acknowledgements or
payment or delivery. or thev may also
contain a contrac. to do spmcthinc IA
the thing. GaliN.arad In ~, ,,-,.,',
case. and so fa,, H., rn.o,',t '.,ii
to aclknowlad.-a n,,,,,-t,.,, . doi.,.,,., =
rs merely min. ,,.ia o..tt' -
fact. ana not conrlusi,.o oni ,t,n.ss s'.S
tho f,rt ,vhicb !, ,,,'t. -. ~.
t,stlcied hv nraI ,ceft,,,,,,,,,, ." '''''
Nvbo,, ,,.n ,oe,.
r,onatinn 90 III ~ ny ~ 'uglce III ox-
tb,t ,ho ,,,,, 80 ,ONlip'' IL appe!rs
stc,d n, h.''t, 49, @"Inp'"H' IN
Bro. i'm mi rn,. ,r,' ,'",u uSnN" ~
com ,naiiin,r ,,i, .'Ne -, eN.,aS' ~
tbren rc,os i''. u'c'' ~ 'heih lts
iSn6 ,tha c,,,o i.,t -A"t,"'S 10
81. l6O3I coci, n.,t,,i,in cSJ.pt,. 10.
four, five ana sly ,nn1,hs oe,,r -, al
which notes wore Gin I,o,,, ~, 80;
Cushwn &. PRO NJ tha H. ~ a',U
was taken in tris ca,1sn 49,, -, a.,
before said comn1ieeiono 10y VII ,I my -,
Cush,vn with he da,st.;,;
what was Tho effect of ivac,,,i,r,- H..
three negotiable no,a. ,,.tia, '''vn wy,
appear TO have boon dicconnteI ~. ,,s,,,
in any rnnnncr h,, tl,n ,.,',',l.. 80
main i'm thcir noSsas.,in,, :, 49,, 80 ~. ~.
regarded as n uaVmc,t ana a>.ti,,n,,,;r
mcnt of tho deb; thev rcrrssa,,. H.,
the case of Rank Y Gn1d ~ ~ Va a.
Snyder. j.. DELIVERING tbc 0,,,rir, a. me-
court. said: at is ,I..ll c.,,,al i, III.
Virginia and This e,ntn IA. - 49, ';,i
not he regarded ms an obsolu,n ~
tinpuishmcnt or. navment or q, ,',,,,o,,,.,,,
note or Dre-existt,,,- doht ,,rios,s ~ ~
SO expressly acrecd Nha,he,. tbo 100
received was that Of ono .,revioi,elv
bound. or OF a straugor.' So nlrr
Dunlap's EX'rs. Y. Shnnlslin 10 w ",
GO. where ii is held that: "C;ivin,, n rn.
ccipt or taking q note with sccu,itv
from tho purchaser. on. tnlsin,r t,,o roto
ease that il is for The niirchasc ,nnrrv
will not. while the titla remains In IA
vendor. be an cxtincuisineut of ira
vendors lien. unless The uurchnso man
cy has been actually paid.
Taking q note from a debtor. or , no.o
Of third party IS no discharrc of thc
debt, unless ii is expressly agreed no
CWCen tTTC cT1VTr0T ami Inc TCTT7T- TT75F
it is am absolute payment thereof
4 RECENT may no evnl,inn5 80.
nIthonmG TX ,nc,i,.. ~, ~ vI'teilcc mat
rcne ii ~ N.NH A"SHAt H.