Creation of Relationship of Debtor and Creditor

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Whenever one person, by contract or by law, is liable and bound to pay to another an amount of money, certain or uncertain, the relation of debtor and creditor exists between them.

(Orig. Code 1863, § 1946; Code 1868, § 1934; Code 1873, § 1944; Code 1882, § 1944; Civil Code 1895, § 2686; Civil Code 1910, § 3215; Code 1933, § 28-101.)

RESEARCH REFERENCES

ALR.

- Acceptance of cashier's check from debtor as absolute or conditional payment, 36 A.L.R. 470; 42 A.L.R. 1353, 45 A.L.R. 1487.

Title to commercial paper deposited by customer of bank to his account, 99 A.L.R. 486.

What is an action for "debt" within attachment or garnishment statute, 12 A.L.R.2d 787.

Rule denying relief to one who conveyed his property to defraud his creditors as applicable where the threatened claim which occasioned the conveyance was paid or was never established, 21 A.L.R.2d 589; 6 A.L.R.4th 862.

Creditor's acceptance of obligation of third person as constituting novation, 61 A.L.R.2d 755.

Unsolicited mailing, distribution, house call, or telephone call as invasion of privacy, 56 A.L.R.3d 457.

Liability of creditor for excessive attachment or garnishment, 56 A.L.R.3d 493.

Rule denying recovery of property to one who conveyed to defraud creditors as applicable where the claim which motivated the conveyance was never established, 6 A.L.R.4th 862.

Spouse's liability, after divorce, for community debt contracted by other spouse during marriage, 20 A.L.R.4th 211.


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