Extinguishment in United States
Extinguishment Definition
The destruction of a right or contract; the act by which a contract is made void ; the annihilation of a collateral thing or subject in the subject itself out of which it is derived. Prest. Merg. 9. For the distinction between an extinguishment and passing a right, see 2 Sharswood, Bl. Comm. 325, note. An extinguishment may be by matter of fact and by matter of law. It is by matter of fact either express, as when one receives satisfaction and full payment of a debt, and the creditor releases the debtor (11 Johns.[N. Y.] 513), or implied, as when a person nath a yearly rent out of lands, and becomes owner, either by descent or purchase, of the estate subject to the payment of the rent, and the latter is extinguished (3 Stew. [Ala.] 60) ; but the person must have as high an estate in the land as in the rent, or the rent will not be extinct (Co. Litt. 147b). There are numerous cases where the claim is extinguished by operation of law. For example, where two persons are jointly but not severally liable for a simple contract debt, a judgment obtained against one is at common law an extinguishment of the claim on the other debtor. 1 Pet. C. C. (U. S.) 301; 2 Johns. (N. Y.) 213. See, generally, Bouv. Inst. Index; Co. Litt. 147b; 1 RoUe, Abr. 933; 7 Viner, Abr. 367; 11 Viner, Abr. 461; 18 Viner, Abr. 493-515; 3 Nels. Abr. 818; Bac. Abr.; 5 Whart. (Pa.) 541; 2 Root (Conn.) 492; 3 Conn. 62; 6 Conn. 373; 1 Ohio, 187; 11 Johns. (N. Y.) 513; 1 Halst. (N. J.) 190; 4 N. H. 251; 31 Pa. St. 475.
Extinguishment in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Extinguishment | Extinguishment in the World Legal Encyclopedia. |
| Extinguishment | Extinguishment in the European Legal Encyclopedia. |
| Extinguishment | Extinguishment in the Asian Legal Encyclopedia. |
| Extinguishment | Extinguishment in the UK Legal Encyclopedia. |
| Extinguishment | Extinguishment in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Extinguishment
Scan Extinguishment in the appropriate area of law:
| Link | Description |
|---|---|
| Extinguishment | Extinguishment in the Family Law Portal of the American Encyclopedia of Law. |
| Extinguishment | Extinguishment in the IP Portal of the American Encyclopedia of Law. |
| Extinguishment | Extinguishment in the Commercial Law Portal of the American Encyclopedia of Law. |
| Extinguishment | Extinguishment in the Criminal Law Portal of the American Encyclopedia of Law. |
| Extinguishment | Extinguishment in the Antritrust Portal of the American Encyclopedia of Law. |
| Extinguishment | Extinguishment in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Extinguishment | Extinguishment in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Extinguishment | Extinguishment in the Tax Law Portal of the American Encyclopedia of Law. |
| Extinguishment | Extinguishment in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Extinguishment | Extinguishment in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Extinguishment | Extinguishment in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Extinguishment | Extinguishment in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Extinguishment in the Dictionaries | Extinguishment in our legal dictionaries |
| http://lawi.us/extinguishment | The URI of Extinguishment (more about URIs) |
| Extinguishment related entries | Find related entries of Extinguishment |
Legal Issue for Attorneys
The destruction of a right or contract; the act by which a contract is made void ; the annihilation of a collateral thing or subject in the subject itself out of which it is derived. Prest. Merg. 9. For the distinction between an extinguishment and passing a right, see 2 Sharswood, Bl. Comm. 325, note. An extinguishment may be by matter of fact and by matter of law. It is by matter of fact either express, as when one receives satisfaction and full payment of a debt, and the creditor releases the debtor (11 Johns.[N. Y.] 513), or implied, as when a person nath a yearly rent out of lands, and becomes owner, either by descent or purchase, of the estate subject to the payment of the rent, and the latter is extinguished (3 Stew. [Ala.] 60) ; but the person must have as high an estate in the land as in the rent, or the rent will not be extinct (Co. Litt. 147b). There are numerous cases where the claim is extinguished by operation of law. For example, where two persons are jointly but not severally liable for a simple contract debt, a judgment obtained against one is at common law an extinguishment of the claim on the other debtor. 1 Pet. C. C. (U. S.) 301; 2 Johns. (N. Y.) 213. See, generally, Bouv. Inst. Index; Co. Litt. 147b; 1 RoUe, Abr. 933; 7 Viner, Abr. 367; 11 Viner, Abr. 461; 18 Viner, Abr. 493-515; 3 Nels. Abr. 818; Bac. Abr.; 5 Whart. (Pa.) 541; 2 Root (Conn.) 492; 3 Conn. 62; 6 Conn. 373; 1 Ohio, 187; 11 Johns. (N. Y.) 513; 1 Halst. (N. J.) 190; 4 N. H. 251; 31 Pa. St. 475.
Notice
This definition of Extinguishment is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.