Armstrong v. Hayward

California Supreme Court
Armstrong v. Hayward, 6 Cal. 183 (Cal. 1856)
Heydenfeldt

Armstrong v. Hayward

Opinion of the Court

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.

Reference

Full Case Name
ARMSTRONG v. HAYWARD
Cited By
3 cases
Status
Published
Syllabus
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.