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