The questions of the effect of such payment as a discharge of the debt, and of such payment as consideration for a new promise, are usually discussed together, as though the two questions were the same.

The rule that payment of a debt which is due is no consideration, is, as has been stated before, regarded by the courts as a very technical one.1 Since the courts very generally regard this rule as technical, they are very anxious to discover, if possible, some technical consideration which will enable them to enforce the promise of the creditor to refrain from collecting the balance of the original obligation, while at the same time they can profess to follow the general rule.2