Kaminsky's Executors v Mervis and Rosenberg [1915] ZATPD 105 (29 March 1915)

Contract.-Novation.-Pubhc W el fate and Moratorium Act No l of 1914 (Special Session) sec. 5 (1).-Obligation incurred after August 4th, 1914.

The maker of certain promissory notes subsequently passed a bond in favour of the payee, which bond differed from the original obligation in that (1) there
was a provision for interest; (2) the amount of the bond differed from that of the notes; (3) the whole amount was payable on demand; and (4) there was
no reference to an obiigation by the creditor to support the business of the debtor; Held, that t.he bond was a novation of the original obligation. Where such bond was passed subsequent to August 4th, 1914, Held, in an action on the bond that section 5 (1) of the Public Welfare and Moratorium Act,
No. 1 of 1914, did not apply.