Appellate Division of the Supreme Court of the State of New York January 15, 1908 (Akin v. Van Wirt)

Smith, P. J.:

Various defenses are urged to the plaintiff’s claim. We are unable to find any evidence.to sustain tlpe defense of a novation. It nowhere appears that David Akin, or his estate, has been expressly or voluntarily released by the plaintiff. Upon J anuary 18, 1896, when David Akin sold. out to Albert Akin and Albert Davitt, they assumed the debts of the firm.