Armstrong v. Hayward
Before: Heydenfeldt
Synopsis
A release of one joint debtor is a release of the others, but it must be a technical release under seal.
A receipt given to one joint debtor on a note, for a part payment, coupled with the words “ which is in full on. his part on the within note, and the said A B is hereby discharged from all obligation on the same,” is not such a release as will discharge the others.
The opinion of the Court was delivered by Mr. Justice Heydenfeldt. Mr. Chief Justice Murray concurred.
A release of one joint debtor is a release of the others, but it must be a technical release under seal.
The entries on the back of the note in this case, can only operate as receipts for so much money; because the payment of part of a debt is not good to discharge the debt, even if it be agreed on.
Nor can this position be affected by the fact, that the part-payments were made before the debt was due; they were not accepted in payment of the whole debt; the entries simply disclose the intention of the holder to look to the other makers for the remainder of the money.
Judgment affirmed.
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