The giving of a pledge or other security for a debt is such an acknowledgment of it as a still subsisting obligation as to imply a promise of payment.91 So far as concerns the implication of a new promise, there seems no reason why
11 Pao. 748; Rowiter P. Colby, 71N. H. 386, 52 All. 927. See also Linderman v. Pomeroy, 142 Pa. 168, 21 Atl. 820, 24 Am. St. Rep. 494.
88Outwaters v. Brownlee, 22 Cal App. 53S, 135 Pat. 300; Schonbachler v. Bcbonbachler, 22 Ky. L. Rep. 314, 67 S. W. 232; Watson v. Barber, 105 La. 790, 30 So. 127; Gill v. Staylor, 97 Md. 665, 55 Atl. 398. As a new promise to pay a discharged debt in the future is binding, see infra, Sec.Sec. 179 et scq., it follows that a promise to pay a debt as such at the promisor's death, that is by will, is binding. See Gill ». Donovan, 96 Md. 518, 64 Atl, 117.
89Shepherd v. Thompson, 122 U. S. 231, 235, 30 L. Ed. 1156, 7 Sup. Ct. 1229, per Gray, J. See also Cooper v. Haythorn, 65 Kans. 860, 70 Petc. 581; Durban v. Knowles, 66 Plans. 397, 71 Pac-829.
90 Birk v. Guy, 4 Esp. 184; Brydges v. Plumptre, 1 D. & R. 746; Buck-master v. Russell, 110.. B. (N. S.) 745; Marshall v. Dalliber, 5 Conn. 480; Kelly v. Strouse, 116 Ga. 872, 43 8. E. 280; New Orleans & Carrollton R. Co. v. Harper, 11 La. Ann. 212; Lombard v. Pease, 14 Me. 349; Higdon's Admrs. o. Stewart, 17 Md. 105; Bailey v. Bailey, 14 S. & R. 195; George v. Vermont Farm Machine Co., 66 Vt. 287, 26 Atl. 722. And see decisions supra, an invalid attempt to give security should not be as effectual as a valid pledge; 92 nor why an offer to give security should not be as unequivocal an acknowledgment of a debt as the actual giving of the security, unless the offer is in the nature of a proposed compromise, which would require acceptance.93 The giving, or the offer to give security may be accompanied with such terms as to negative any implication of an unqualified new promise;94 and an agreement which goes no further than to provide that certain property shall be applied to the payment of a debt carries with it no- implication of a personal promise to pay.95 On the other hand, if there is an unqualified acknowledgment or new promise, the effect of it will not be diminished by the further promise to pay in a certain mode or from specified property.96