Does the acceptance of payment from a third person constitute novation, thereby releasing the original debtor from his obligation?
It is a very common thing in the business affairs for a stranger to a contract to assume its obligations; and while this may have the effect of adding to the number of persons liable, it does not necessarily imply the extinguishment of the liability of the first debtor. The mere fact that the creditor receives a guaranty or accepts payments from a third person who has agreed to assume the obligation, when there is no agreement that the first debtor shall be released from responsibility, does not constitute a novation, and the creditor can still enforce the obligation against the original debtor.
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