Extinguishment

2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Extinguishment \Ex*tin"guish*ment\, n.
     1. The act of extinguishing, putting out, or quenching, or
        the state of being extinguished; extinction; suppression;
        destruction; nullification; as, the extinguishment of fire
        or flame, of discord, enmity, or jealousy, or of love or
        affection.


        [1913 Webster]
  
     2. (Law) The annihilation or extinction of a right or
        obligation. --Abbott.
        [1913 Webster]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  EXTINGUISHMENT, contracts. The destruction of a right or contract, the act 
  by which a contract is made void. 
       2. Art extinguishment may be by matter of fact and by matter of law. 1. 
  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 John. 
  513'; or implied, as when a person hath a yearly rent out of, lands and 
  becomes owner either by descent or purchase, of the estate subject to the 
  payment of the rent, the latter is extinguished 3 Stew. 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. 147. See Merger. 
       3. There are numerous cases where the claim is extinguished b 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. Pet. C. C. 
  301; see 2 John. 213. Vide, generally, Bouv. Inst. Index, h.t.; 2 Root, 
  492; 3 Conn. 62; 1 Hamm. 187; 11 John. 513; 4 Conn. 428; 6 Conn. 373; 1 
  Halst. 190 4 N. H. Rep. 251 Co. Litt. 147 b; 1 Roll. Ab. 933 7 Vin. Ab. 367; 
  11 Vin. Ab. 461; 18 Vin. Ab. 493 to 515 3 Nels. Ab. 818; 14 Serg. & Rawle, 
  209; Bac. Ab. h.t.; 5 Whart. R. 541. Vide Discharge of a Debt.