California Supreme Court, 1856

Armstrong v. Hayward

Armstrong v. Hayward
California Supreme Court · Decided July 1, 1856 · Heydenfeldt
6 Cal. 183

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.

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