Miller v. Fenton — 4 Sarat. Ch. Sent. 14

Majority

p. 14

Samuel Miller, receiver, &c. v. Joseph S. Fenton et al.

A. Gould, for appellant; W. Hubbell, for respondent.

Headnote

Effect. of rrleas-iria one of feve ral joint dub.ors.

Cross bill in the nature of a ploa finis darrein continuance when

Decided that the part .satisfaction of a demand by one of two joint debtors, and a covenant by the creditor not to enforce the residue of the claim by execution against his individual property is not a technical release which can be set up by the other debtor as a bar to the suit for such demand; unless the party released was the one who was primarily or individually liolden for the whole demand.

That in a case of wrong doers the complainant may recover against any one of them, for the whole loss; and they will have no claim to contribution.

That an order to set up the defence that the demand of the complainant has been discharged by the release of a defendant after answer put in, a cross bill in the nature of a plea puis darrein continuance is necessary.

Order appealed from affirmed, with costs.