
    COXE AND NEWBOLD, EXECUTORS OF PIGEON, v. HANKINSON.
    The giving a promissory wste is not, ipso facto, a payment that will extinguish a contract.
    Action upon a sale of cattle for ¿E705. Plea, an account settled, and ¿£46 brought into court, Stockton, for plaintiff.
    
      
      Frelinglmysen, for defendant,
    offered to prove that Hankinson bad given his note for the money.
   Per Cur.

A note does not, ipso facto, extinguish the contract.  