payment 音标拼音: [p'emənt]
n . 付款,支付,偿还,偿还,报应
付款,支付,偿还,偿还,报应
payment 支付;付款
payment 付款
payment n 1 :
a sum of money paid or a claim discharged [
ant : {
default },
{
nonpayment }, {
nonremittal }]
2 :
the act of paying money [
synonym : {
payment }, {
defrayal },
{
defrayment }] [
ant : {
evasion }, {
nonpayment }]
3 :
an act of requiting ;
returning in kind [
synonym : {
requital },
{
payment }]
Payment \
Pay "
ment \,
n . [
F .
payment ,
paiement .
See {
Pay }
to requite .]
1 .
The act of paying ,
or giving compensation ;
the discharge of a debt or an obligation .
[
1913 Webster ]
No man envieth the payment of a debt . --
Bacon .
[
1913 Webster ]
2 .
That which is paid ;
the thing given in discharge of a debt ,
or an obligation ,
or in fulfillment of a promise ;
reward ;
recompense ;
requital ;
return . --
Shak .
[
1913 Webster ]
3 .
Punishment ;
chastisement . [
R .]
[
1913 Webster ]
101 Moby Thesaurus words for "
payment ":
bait ,
base pay ,
bribe ,
budgeting ,
carrot ,
castigation ,
charge ,
chastening ,
chastisement ,
compensation ,
condign punishment ,
contribution ,
correction ,
costing ,
costing -
out ,
debit ,
debiting ,
deficit spending ,
deserts ,
disbursal ,
disbursement ,
disciplinary measures ,
discipline ,
dismissal wage ,
distribution ,
earnings ,
encouragement ,
escalator clause ,
escalator plan ,
expenditure ,
expense ,
fee ,
ferule ,
fillip ,
financial remuneration ,
gross income ,
guaranteed annual wage ,
hire ,
incentive ,
incitement ,
income ,
inducement ,
infliction ,
interest ,
invitation ,
judgment ,
judicial punishment ,
living wage ,
lure ,
minimum wage ,
nemesis ,
net income ,
outlay ,
pains ,
pains and punishments ,
pay ,
pay and allowances ,
payroll ,
penal retribution ,
penalty ,
penology ,
percentage ,
persuasive ,
portal -
to -
portal pay ,
profit ,
provocation ,
punishment ,
punition ,
purchasing power ,
real wages ,
remuneration ,
retribution ,
retributive justice ,
reward ,
salary ,
scheduling ,
scourge ,
severance pay ,
sliding scale ,
spending ,
stimulation ,
stimulative ,
stimulus ,
sweetener ,
sweetening ,
take -
home ,
take -
home pay ,
taxable income ,
total compensation ,
wage ,
wage control ,
wage freeze ,
wage reduction ,
wage rollback ,
wage scale ,
wages ,
wages after deductions ,
wages after taxes ,
well -
deserved punishment ,
what -
for ,
whet PAYMENT ,
contracts .
That which is given to execute what has been promised ;
or it is the fulfillment of a promise .
Solvere dicimus cum quis fecit ,
quod facere promisit .
But though this is the general acceptation of the word ,
yet by payment is understood ,
every way by which the creditor is satisfied or ought to be ,
and the debtor ,
liberated for example ,
an accord and satisfaction will operate as a payment .
If I owe you a sum of money ,
for the security of which I give you a mortgage ,
and afterwards you consent to receive in payment a tract of land ,
from the moment the sale is complete ,
the first obligation ,
with all its accessories ,
is extinct ,
although you should be afterwards evicted of the property sold .
7 Toull .
n .
46 2 Mart .
Lo .
Rep .
N .
S .
144 ;
S .
C .
2 Harr .
Cond .
Lo .
R .
621 ,
624 .
2 .
This subject will be considered by taking a separate view of the person by whom the payment may be made ;
to whom it may be made ;
when and where it ought to be made ;
how it ought to be made ;
the effect of the payment .
3 .-
1 .
The payment may be made by the real debtor and other persons from whom the creditor has a right to demand it ;
an agent may make payment for his principal ;
and any mode of payment by the agent ,
accepted and received as such by the creditor ,
as an absolete payment will have the effect to discharge the principal ,
whether known or unknown ,
and whether it be in the usual course of business or not .
If ,
for example ,
a factor or other agent should be employed to purchase goods for his principal ,
or should be entrusted ,
with money to be paid for him ,
and ,
instead of receiving the money ,
the creditor or seller should take the note of the factor or agent ;
payable at a future day ,
as an absolute payment ,
the principal would be discharged from the debt .
3 Chit .
Com .
Law ,
204 ;
1 B . &
Ald .
14 ;
6 B . &
C .
160 ;
7 B . &
C .
17 .
When such note has been ,
received conditionally and not as an absolute payment ,
it would not have the effect of a payment by the principal ;
and whether so received or not is a fact to be decided by the jury .
1 Cowen ,
R ,
259 ,
383 ;
9 John .
R :,
310 ;
6 Cowen ,
R .
181 ;
7 John .
R .
311 ;
15 John .
R .
276 ;
3 Wend .
R .
83 ;
6 Wend .
R .
475 ;
10 Wend .
R .
271 ;
5 John .,
R .
68 ;
1 Liverm .
Ag .
207 .
4 .
Payment may also be made by a third person a stranger to the contract .
5 .
In the payment of mortgages ,
it is a20rule ,
that the personal estate shall be applied to discharge them when made by the testator or intestate himself ,
to secure the payment of a debt due by him ,
because the personal estate was benefited by the money borrowed ;
and it makes no difference whether the mortgaged lands have been devised ,
or come to the heir by descent .
2 Cruise ,
1 Dig .
147 .
The testator may ,
however ,
exempt the personal estate from the payment ,
and substitute the real in its place .
But when the mortgage was not given by the deceased ,
but be acquired the real estate subject to it ,
it never was his debt ,
and therefore his personal estate is not bound to pay the mortgage debt ,
but it must be paid by the real estate .
2 Cruise ,
Dig .
164 -
8 ;
3 John .
Chan .
R .
252 ;
2 P .
Wms .
664 ,
n .
1 ;
2 Bro .
C .
C .
57 ;
2 Bro .
C .
C .
101 ,
152 ;
5 Ves .
jr .
R .
534 ;
14 Ves .
417 .
6 .-
2 .
It must be made by the creditor himself ,
or his assigns ,
if known ,
or some person authorized by him ,
either expressly or by implication ;
as to his factor ;
Cowp .
251 :
to his broker ,
1 Maul . &
Selw .
576 ;
4 Id .
566 ;
4 Taunt .
242 ;
1 Stark .
Ca .
238 .
7 .
In the case of partners and other joint creditors ,
or joint executors or administrators ,
payment to one is generally a valid payment .
When an infant is a creditor ,
payment must be made to his guardian .
A payment may be good when made to a person who had no authority to receive it ,
if the creditor shall afterwards ratify it .
Poth .
Obl .
n .
528 .
8 .-
3 .
Time and place of payment :
first ,
as to the time .
When the contract is ,
that payment shall be made at a future time ,
it is clear that nothing can be demanded until after it has elapsed ,
or until any other condition to which the payment is subject ,
has been fulfilled ;
and in a case where the goods had been sold at six or nine months ,
the debtor had the option as to those two terms .
5 Taunt ,
338 .
When no time of payment is mentioned in the agreement ,
the money is payable immediately .
1 Pet .
455 ;
4 Rand .
346 .
9 .
Secondly ,
the payment must be made at the place agreed upon in the contract ;
but in the absence of such agreement ,
it must be made agreeably to the presumed intention of the parties ,
which ,
among other things ,
may be ascertained by the nature of the thing to be paid or delivered ,
or by the custom in such cases .
10 .-
4 .
How the payment ought to be made .
To make a valid payment ,
so as to compel the receiver to take it ,
the whole amount due must be paid ;
Poth .
Obl .
n .
499 ,
or n .
534 ,
French edition ;
when a part is accepted ,
it is a payment pro tanto .
The payment must be made in the thing agreed upon ;
but when it ought to be made in money ,
it must be made in the lawful coin of the country ,
or in bank notes which are of the value they are represented to be .
A payment made in bills of an insolvent bank ,
though both parties may be ignorant of its insolvency ,
it has been held ,
did not discharge the debt ;
11 Vern .
676 ;
6 Hill ,
340 ;
but see 1 W . &
S .
92 ;
8 Yerg .
175 ;
and a payment in counterfeit bank notes is a nullity .
2 Hawks ,
326 ;
3 Hawks ,
568 ,
6 Hill ,
840 .
In general ,
the payment of a part of a debt ,
after it becomes due ,
will not discharge the whole ,
although there may be an agreement by the debtor that it should have that effect ,
because there is no consideration for such agreement .
But see 3 Kelly '
s R .
210 ,
contra .
A payment of a part ,
before it is due ,
will discharge the whole ,
when so agreed .
11 .-
5 .
The payment ,
when properly made ,
discharges the debtor from his obligation .
Sometimes a payment extinguishes several obligations ;
this happens when the thing given to discharge an obligation was the same which is the object of another obligation .
Poth .
Obl .
552 .
12 .
A single payment may discharge several debts ;
as ,
for example if Peter be indebted to Paul one thousand dollars ,
and Paul being indebted to James ,
Paul give an order to Peter to pay Tames this money ;
the payment made by Peter to James discharges both the obligations due by Peter to Paul ,
and by Paul to James .
Poth .
Ob .
n .
553 .
This rule ,
that a payment made in order to acquit or discharge an obligation ,
extinguishes the other obligations which have the same object ,
takes place also when there are several debtors as regards the whole of them .
If ,
for example ,
Peter trust Paul on the credit of James ,
a payment by Paul discharges both himself and James .
Poth .
Obl .
n .
554 .
13 .
But in case money or other things have been delivered to a person who was supposed to be entitles to them as a creditor ,
when he was not ,
this is not a payment ,
and the whole ,
if nothing was due ,
or if the debt was less than the amount paid ,
the surplus ,
may be recovered in action for money bad and received .
Vide ,
generally ,
Bouv .
Inst .
Index ,
h .
t .;
Com .
Dig .
473 ;
8 Com .
Dig .
607 ;
16 Vin 6 ;
1 Vern .
by Raith .
3 ,
150 n .
Yelv .
11 a ;
1 Salk .
22 ;
15 East ,
12 ;
8 East ,
R .
111 ;
2 Ves .
jr .
11 ;
Phil .
Ev .
Index ,
b ,
t ,;
Stark .
Ev .
h .
t .;
Louis .
Code ,
art .
2129 ;
Ayl .
Pand .
565 ;
1 Sell .
Pr .
277 ;
Dane '
s Ab .
Index ,
h .
t .;
Toull .
lib .
3 ,
tit .
3 ,
c .
5 ;
Pardes .
part 2 ,
tit .
2 ,
c .
1 Merl .
Repert .
h .
t .;
Chit .
Contr .
Index ,
h .
t .;
3 Eng .
C .
L .
Rep .
130 .
As to what transfer will amount to an assignment or a payment and extinguishment of a claim ,
see 6 John .
Ch .
R .
395 ;
Id .
425 ;
2 Ves .
jr .
261 18 Ves .
jr .
384 ;
1 N .
H .
Rep .
167 ;
1 N .
H .
Rep .
252 ;
2 N .
H .
Rep .
300 ;
3 John .
Ch .
R .
53 .
PAYMENT ,
pleadings .
The name of a plea by which the defendant alleges that he has paid the debt claimed in the declaration ;
this plea must conclude to the country .
4 Call ,
371 ;
Minor ,
137 .
Vide Solvit ad them ;
Solvit post diem .
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